Trademark Opposition Explained: The 4-Month Window

Getting your trademark accepted is not quite the finish line. For four months after it is published, the door is open for opposition — and the same door lets you stop copycats of your own brand.

Quick answer

Once a mark is accepted, it is published in the Trademarks Journal, starting a four-month window in which any third party can oppose it. You can also oppose someone else's published mark if it is too similar to yours. Opposition is an adversarial, multi-stage proceeding decided by the Registry.

The stages of opposition

1. Notice of opposition — the opponent files grounds
2. Counter-statement — the applicant responds
3. Evidence — both sides file evidence by affidavit
4. Hearing — the Registry hears both sides and decides

Opposing a copycat

If a published mark is confusingly similar to yours in the same or related classes, you can oppose it within the window — backed by your prior rights, reputation and use evidence.

Defending your mark

If your accepted mark is opposed, you file a counter-statement on time, then evidence, and argue at the hearing. Missing a stage deadline can cost you the mark.

Common mistakes

• Missing the 4-month opposition window
• Weak grounds without evidence
• Missing a stage deadline in the proceeding
• Not monitoring the journal for threats to your brand

Opposition is more involved than an examination objection, but it is how serious brands keep the register clean. A brand-watch service helps you catch threats in time.