How can I defend against a trademark opposition in the USA?

Once your trademark application is reviewed and approved by a United States Patent and Trademark Office (USPTO) examining attorney, it is published in the Official Gazette online for public viewing. This starts a crucial 30-day period during which anyone can oppose the registration of your mark.

If someone files a Notice of Opposition, you have 30 days to respond. The Trademark Trial and Appeal Board (TTAB) will then conduct a legal proceeding similar to a mini-trial to resolve the issue.

It's recommended to hire a professional trademark service or attorney. These experts can build a strong legal defense, correctly file necessary documents, and effectively handle any court motions. Remember, the TTAB follows strict legal procedures and deadlines for responding to a Notice of Opposition.

If you don't respond to a Notice of Opposition, the USPTO will issue a Notice of Default, and the TTAB will likely rule in favor of the opposer. This decision prevents you from applying for the trademark again. However, there is a limited chance to file a motion to overturn a default judgment.