When your trademark application is reviewed and approved by a United States Patent and Trademark Office (USPTO) examining attorney, it is then published in the Official Gazette, available online, for public viewing. This publication initiates a critical 30-day window during which any party can file an opposition to the registration of your mark.
As the applicant, you are allotted 30 days to respond to a Notice of Opposition. In responding to the claims of the opposer, the Trademark Trial and Appeal Board (TTAB) will organize a legal proceeding akin to a mini-trial to adjudicate the dispute.
It is advisable to engage a professional trademark service or a trademark attorney. These professionals are equipped to develop a robust legal defense, accurately file necessary court documents, and respond effectively to any court motions. It is important to note that the TTAB adheres to strict legal protocols and deadlines for responses to a Notice of Opposition.
Failure to respond to a Notice of Opposition will result in the USPTO issuing a Notice of Default, leading the TTAB to likely rule in favor of the opposer. Such a ruling precludes you from future applications for the trademark in question. However, there is a possibility, albeit limited, to file a motion to overturn a default judgment.
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