What is a trademark extension of time to oppose? Did you receive a notice from the United States Patent & Trademark Office informing you that someone has filed an “extension of time to oppose”? Are you wondering what it means? And what to do when you receive notice of a trademark extension of time to oppose? Let’s take it step by step.
Is someone trying to oppose your trademark? Learn what to do.
What Is An Extension of Time to Oppose?
As part of the trademark registration process, your trademark application goes through a period called publication. During that 30 day window, anyone who is opposed to your trademark may file a formal proceeding against your trademark. There are a number of reasons why someone may do this, but the main one is that they believe that your pending application will have a negative effect on their own registration or trademark rights. Maybe they believe that your trademark will be confusing with their trademark.
Sometimes, however, trademark owners will not immediately file a trademark opposition. Instead, they will file a trademark extension of time to oppose. This extends the window in which they may file their opposition beyond the initial 30 days. Often, trademark owners will do this because they need more time to gather information about your trademark and how you are planning to use it.
What Should You Do If You Receive An Extension of Time to Oppose?
Because a notice of an extension of time to oppose indicates the potential for legal action, your best bet is to speak to a trademark attorney to discuss the proper course of action. You will want to think ahead so that you can determine the seriousness of threat and act quickly. It is important to act quickly because the extension of time to oppose can delay your trademark registration.
Sometimes, an extension of time to oppose can be used by other brand owners to get your attention so that you reach out to them and discuss whether or not there will be any conflicts with their trademarks. If possible, this discussion should be done by your attorney so that you do not put your trademark rights at risk.
If approached correctly, an extension of time to oppose can be dealt with easily and quickly. But the key to this is clear and prompt communication with the opposing party. By working with an attorney, you can easily evaluate the other party’s potential claims and whether or not the facts support those claims.
