Oftentimes, small businesses will file their own trademarks with the U.S. Patent and Trademark Office. The Patent and Trademark Office provides detailed general information for first-time filers including how-to videos, processing timelines, and FAQs. Trademark applications are filed online through the Trademark Electronic Application System. What do you do when the owner of a confusingly similar trademark opposes your application?

Thousands of trademark oppositions are filed each year. At this point, you might want to consult with a trademark attorney experienced with opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Contrary to the relatively straightforward application process, a trademark opposition is a legal proceeding challenging your rights to your trademark. An opposition is similar to litigation in federal court, but is held before the Trademark Trial and Appeal Board. The detailed rules that govern oppositions are found in the Trademark Trial and Appeal Board Manual of Procedure (http://www.uspto.gov/trademarks/process/appeal/tbmp_ed2_rev1.pdf). An experienced trademark opposition attorney can advise you of your legal rights and help you navigate the Trademark Trial and Appeal Board opposition process.

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