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Saturday, 11/06/2021 12:11:58 PM

Saturday, November 06, 2021 12:11:58 PM

Post# of 102775
Trademarks DD:


It was asked several days ago by a poster how long it took after a trademark went to PUBLICATION FOR OPPOSITION to be approved. Here is the answer:

https://www.thetrademarkcompany.com/learning-center/an-overview-of-the-u-s-federal-trademark-registration-process

Step 4: Publication for Opposition
Approximately Four to Six weeks after being approved for publication a trademark application is published for opposition.

The mark is published in a book of all published trademarks before the U.S. Patent and Trademark Office known as the Official Gazette.  Trademarks are published for opposition for 30 days. During this period any party wishing to object to the registration of the trademark may do so by filing a Notice of Opposition.

Although rare, if filed a Notice of Opposition institutes an opposition proceeding to determine whether the opposer can set forth sufficient grounds to block the registration of your trademark.   Most opposition proceedings resolve somewhat quickly.  However, a fully litigated opposition proceeding may last in excess of 18 months.

Again, however, this is exceedingly rare and the vast majority of trademark applications that are Published for Opposition are never opposed simply moving on to Stage 5: Registration of Your Trademark. 

Step 5: Registration of Your Trademark
Provided that no Notice of Opposition is filed against your trademark, approximately Four to Six weeks after the opposition period ends, your trademark will receive its Certificate of Registration if it was a Use-Based Application or a of Notice of Allowance if it was an Intent-to-Use Application.

When a Notice of Allowance is received all that is required to complete the registration of the mark is the filing of a Statement of Use.  Once filed, an Intent-to-Use Application will receive its Certificate of Registration as well.