Responding to a Trademark Opposition or Cancellation: What You Must Do in 40 Days
- Feb 3
- 3 min read
If you’ve received notice of a trademark Opposition or Cancellation proceeding, it means that someone is formally challenging your trademark before the Trademark Trial and Appeal Board (TTAB). These proceedings are federal administrative cases and are governed by strict rules and deadlines.
Most importantly, you typically have 40 days to respond. Missing that deadline can result in a default judgment and the loss of your trademark rights.
This guide explains what an opposition or cancellation means, what your options are, and what to consider before responding.
What Is a Trademark Opposition or Cancellation?
A Trademark Opposition is filed after your trademark application is published for opposition. A third party claims it would be damaged by the registration of your mark.
A Trademark Cancellation is filed against an already registered trademark and seeks to cancel some or all of the registration.
Both proceedings are handled by the Trademark Trial and Appeal Board, not a state or federal court, but the consequences can be just as serious.
Why the 40-Day Deadline Matters
Once an opposition or cancellation is instituted, the TTAB sets a deadline—usually 40 days from the institution date—to take action.
If no response is filed:
The case may go into default
The opposing party may win automatically
Your application or registration can be refused or cancelled without a hearing
Extensions are sometimes available, but they are not automatic and must be requested properly and on time.
Your Primary Response Options
There is no one-size-fits-all response. Common options include:
1. Filing an Answer
You may file a formal Answer responding to the claims in the opposition or cancellation. This preserves your rights and allows the case to proceed.
2. Requesting an Extension of Time
In many oppositions or cancellations, the TTAB permits an extension to allow the parties to discuss settlement or evaluate next steps.
3. Exploring Early Settlement or Coexistence
Many TTAB cases resolve without discovery or trial through negotiated agreements, amendments to goods/services, or coexistence arrangements.
4. Filing a Motion (in Limited Circumstances)
Some cases allow for motions to dismiss or motions for summary judgment, but these are fact-specific and not appropriate in every matter.
5. Strategic Decisions About Proceeding
In some situations, business considerations: costs, branding plans, or market strategy factor into how a case is handled.
What TTAB Cases Are (and Are Not)
TTAB proceedings:
Decide registrability, not trademark infringement
Do not award money damages
Follow formal rules of procedure and evidence
However, TTAB decisions can impact:
Brand value
Licensing opportunities
Future enforcement rights
Ignoring a TTAB case can have lasting consequences.
When to Seek Legal Assistance
Trademark opposition and cancellation proceedings involve procedural rules that are unfamiliar to many business owners. Even simple mistakes - missed deadlines, improper filings, or incomplete responses can end a case before it truly begins.
If you are unsure which response option applies to your situation, it is often helpful to obtain a short, deadline-focused review before the response window closes.
Key Takeaway
If you’ve received an opposition or cancellation:
Do not ignore it
Confirm your response deadline
Understand your procedural options before acting
TTAB cases move quickly, and early decisions can shape the entire proceeding.
Our firm regularly assists businesses with TTAB oppositions and cancellations nationwide.
If you are evaluating next steps, we welcome you to contact our office or schedule a complimentary 15 minute consultation to discuss how we can assist.
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