Trademark opposition deadlines and how to file one
Short answer
A trademark opposition is a challenge to a published application, filed by the owner of an earlier right within a fixed window, typically 30 days in the US, 2 months in the UK and 3 months at the EUIPO. Trademarking flags conflicts and prepares the notice.
- Windows start on publication and are short; most cannot be extended much.
- Opposition is far cheaper than cancelling a registered mark later.
- At the EUIPO there is a cooling-off period to settle before the case proceeds.
Opposition windows and fees by office
| Office | Window | Official fee as of 2026 |
|---|---|---|
| USPTO | 30 days after publication, extensions up to 180 days in total | 600 USD per class |
| EUIPO | 3 months after publication | 320 EUR |
| UK IPO | 2 months, extendable to 3 by notice | from 100 GBP |
| UPRP (Poland) | 3 months after publication | set by the UPRP fee table |
| IP India | 4 months after publication in the Trade Marks Journal | set by the IP India fee table |
From alert to notice of opposition
-
Step 1
Catch the filing
Trademark monitoring flags a similar application with its similarity score and deadline.
-
Step 2
Judge the risk
Compare marks, goods and services and the market. Not every similar filing is worth opposing.
-
Step 3
Try a letter first
Many conflicts end with a coexistence agreement or a narrowed specification.
-
Step 4
Prepare the notice
The opposition workflow collects your earlier rights, grounds and evidence of use into a draft.
-
Step 5
File and track
You file, or a partner attorney files where the office requires a representative, and every later deadline is tracked.
When someone opposes your application
You receive the notice through the office and have a deadline to answer. Options include defending the application, limiting your goods and services, negotiating coexistence or withdrawing. A pre-filing clearance search makes this far less likely.
Frequently asked questions
- Who can file an opposition?
- Usually the owner of an earlier mark or other earlier right. Some offices, such as the USPTO, accept oppositions from anyone who believes they would be damaged by the registration.
- Do I need an attorney to oppose?
- It depends on the office and your domicile. Representation rules for filing an application generally apply to oppositions too.
- What if I miss the opposition window?
- You can still seek cancellation or invalidation after registration, but it is slower, costs more and often requires stronger evidence.
- Is opposition handled on every plan?
- Opposition cases and drafts are part of the Business and Agency plans.
Keep reading
General information as of 2026, not legal advice. Trademarking is not a law firm. Official fees are set by each office and paid to the office directly.