Managing Trademark Disputes & Oppositions: A Practical Guide

What is the TTAB?

The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the USPTO. It handles disputes involving the right to register a mark, but generally does not decide issues of infringement or money damages.

The Opposition Period

Once a mark is published in the Official Gazette, there is a 30-day window where any party who believes they will be damaged by the registration can file a Notice of Opposition.

This is the last line of defense before a mark registers. Catching a confusingly similar mark here is much cheaper than filing a Cancellation proceeding later.

Filing Extensions of Time

Potential opposers often file an "Extension of Time to Oppose" to buy more time (usually 30 to 90 days) to investigate the matter or negotiate with the applicant.

This "cooling-off" period is strategic. It allows both parties to discuss co-existence agreements without the pressure of an active trial schedule.

Settlement Over Litigation

Full TTAB proceedings are expensive, often costing $50k-$100k+ if taken to final decision.

Strategy: Most oppositions settle. An early settlement, such as a Co-Existence Agreement where the applicant agrees to limit their goods or channel of trade, is often the most business-savvy outcome.

Monitor Your Brand

Use LexiDots to track opposition periods and critical TTAB dates.

See Monitoring Tools