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Trademark FAQ

Do I need to file an extension of time to oppose or notice of opposition if a letter of protest is granted?

Yes, the filing of a letter of protest, whether before or after publication of the mark, does not stay the time for filing an opposition or an extension of time to oppose the subject mark. If a party files a letter of protest before publication but the subject mark still publishes for opposition, then the party must timely file a request for extension of time to oppose, if it wishes to preserve its right to oppose. Similarly, if a party that files a letter of protest after publication wishes to preserve its right to oppose, it too must file a timely request for an extension of time to oppose. Regardless of when the letter of protest was filed, if the subject mark has published for opposition, the party may choose to file a notice of opposition instead of a request for extension of time to oppose and request that the opposition be suspended pending a determination of the letter of protest. See TBMP § 215. Note: a Letter of Protest is considered good cause for the first 90-day request to extend time to file an opposition, but does not constitute extraordinary circumstance to grant the final 60-day request to extend time. Potential opposer will have to secure the consent of the applicant or file a notice of opposition within the time set.

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