Also known as: opposition proceeding · opposition
Written by attorneys · grounded in primary & secondary sources — see below
A formal administrative challenge filed with the Trademark Trial and Appeal Board by a party claiming it would be damaged by the registration of a mark. The proceeding must be commenced within thirty days after publication of the mark in the Official Gazette.
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GreenLeaf Organics filed an opposition with the TTAB against Sunrise Ag's mark after publication in the Official Gazette. The applicant moved for a protective order claiming irreparable harm if discovery proceeded before the opposition hearing. The Board examined whether immediate injury would occur and issued a limited stay.
Maria opposed Valley Regional's trademark application in TTAB proceedings. The applicant moved for summary judgment. Maria submitted affidavits showing she could not present essential facts without further discovery. The Board deferred ruling to allow additional evidence.
Any person who believes registration of the mark would damage them may file an opposition under section 1063. The proceeding begins after publication in the Official Gazette and must be filed within thirty days.
Supporting sources
Opposition proceedings must be commenced within thirty days after publication of the mark in the Official Gazette.
Supporting sources