What is a trademark notice of opposition?

A trademark notice of opposition is a legal document used in California to oppose the registration of a trademark that is being sought by another party. The document also serves as a warning to the applicant that their trademark is being challenged. In order to file a trademark notice of opposition, an individual has to have a “real interest” in the trademark. This means they must either have an existing trademark that they feel is being infringed upon, or they must have the intention of using the trademark themselves. The notice must identify the trademark that is being opposed, as well as the name and address of the applicant. The document must also include the grounds on which the opposition is being based, such as the likelihood of confusion, dilution of the trademark, or an infringement of an existing trademark. In California, the opposition must be filed within 180 days of the publication of the trademark. Once the opposition is filed, the trademark office will send both parties a notice of opposition. The notice will explain the process of the opposition and the applicant will have 30 days to respond to the notice. If the applicant does not respond, or if the Trademark Office finds in favor of the opposing party, the trademark application will be rejected. If the applicant responds and is successful, then the trademark will be registered.

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What is a trademark notice of opposition?

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