Once your trademark application receives approval from the USTPO, they will publish it in a journal or Gazette for a short time called the Opposition Period. 

During that time, anyone can request your trademark not be registered.

This time period is short at two months in Canada, and one month in the US.


What Happens?

Some party files a statement of opposition petitioning the trademark office not to register your mark because of any number of reasons. Usually, they believe your registration will hurt their rights or legitimate interests. 

It is your responsibility to respond and prove that your reasons for registration outweigh the opponent's arguments not to register your trademark, which can result in a lengthy battle.

Although this “battle” is within the Trademark Office and not in the courts, it is much like litigation with back-and-forth arguments to sway the trademark office's decision in their favor.

Should your arguments fall short and the opposition prevails, your trademark is deemed abandoned even if initially allowed. 

But The good news is that oppositions are rare at less than 1% in Canada and even less occurring in the US.

Unlike in the US and Canada, oppositions are more common in Europe because European trademark offices do not compare new filings with existing registration and previous applications, which allows for more significant confusion.

Protect Your Interests

When you consider the challenges inherent in pursuing a trademark, the possibility of challenges from unknown parties can seem daunting. You might ask yourself, do I have the time, energy, knowledge, skill, and funding to win these battles?

If you are like most, your answer will be a resounding no. Few people are up to the significant effort and specialized knowledge necessary to prevail in these conflicts.

Trademark Factory®'s Ultimate Package will cover all the challenges from the Trademark Office and unexpected oppositions. However, if a client knowingly violates another trademark with their application, opposition in these regards is expected and not covered in the package.

The Ultimate Package will protect you against those brands you are unaware of. Predicting a challenge is difficult when you do not know one exists.

Set all that negativity aside, and leave it to our expert trademark specialist and professional trademark attorneys to have your back with our all-inclusive, 100% cash-back guarantee that we will successfully register your trademark.

You have everything to gain and nothing to lose except worry and stress. Contact Trademark Factory® today to find out more.


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.