Any person who believes that they would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Trademark Trial and Appeal Board (Board), and paying the required fee, within thirty days after the date of publication, or within an extension period granted by the Board for filing an opposition. See 15 U.S.C. §1063; 37 C.F.R. §§2.101 -2.107; TBMP §303. See TMEP §1504.02 regarding jurisdiction of the Board over an application upon the filing of a notice of opposition.

The notice of opposition must include a concise statement of the reasons for the opposer’s belief that the opposer would be damaged by the registration of the opposed mark, and must state the grounds for opposition. 37 C.F.R. §2.104(a); TBMP §309.03(a)(2).

A notice of opposition to an application based on Trademark Act §1 or §44 must be filed through the Board's electronic filing system. 37 C.F.R. §2.101(b)(1); TBMP §110. If the Board's electronic filing system is unavailable due to technical problems, or when extraordinary circumstances are present, an opposition to an application based on §1 or §44 may be filed in paper form. 37 C.F.R. §§2.101(b)(2), 2.126(b). A paper opposition must be filed by the due date set forth in 37 C.F.R. §2.101(c) and must be accompanied by a petition to the Director under 37 C.F.R. §2.146, with the required fees and a showing that the Board's electronic filing system was unavailable because of technical problems or that extraordinary circumstances are present. 37 C.F.R. §2.101(b)(2); In re Leader Development, Inc., Ser. No. 98128348, 2025 Commr. Pat. LEXIS 5, at *3-4 (Dir USPTO 2025); see DFC Expo LLC v. Coyle, Ser. No. 87086860, 2017 TTAB LEXIS 84, at *10-12 (2017) ; TBMP §309.02. A paper opposition includes both a physical paper document and an electronic format that mimics the form of paper, such as a PDF document attached to an electronically filed petition to the Director. In re Leader Development, Inc., 2025 Commr. Pat. LEXIS 5, at *4. See 37 C.F.R. §2.197 and §2.198, and TMEP §305.02 and §305.03 regarding certificate of mailing and Priority Mail Express® procedures and TBMP §106.03 and §107 for general information regarding permitted paper submissions with the Board.

A notice of opposition to an application based on §66(a) of the Act must be filed through the Board's electronic filing system and may not be filed in paper form under any circumstances. 37 C.F.R. §2.101(b)(3); TBMP §309.01; see In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, Ser. No. 79000042, 2005 TTAB LEXIS 72, at *2-3 (2005).

A notice of opposition does not have to be verified, and it may be signed by either the opposer or the opposer’s attorney. 37 C.F.R. §2.101(b); TBMP §309.02(b).

Two or more persons may join in an opposition. TBMP §303.06. Related companies are separate persons for the purpose of filing an opposition.

An opposition must be filed within thirty days after the date of publication in the Trademark Official Gazette, or within an extension period granted by the Board. 15 U.S.C. §1063(a); 37 C.F.R. §2.101(c); TBMP §§306-306.04. The time within which to file an opposition is set by statute and may not be extended or waived. In re Kabushiki Kaisha Hitachi Seisakusho, 33 USPQ2d 1477 (Comm'r Pats. 1994); In re Cooper, 209 USPQ 670 (Comm’r Pats. 1980); TBMP §306.04.

When a registration is issued, inadvertently, from an application that was the subject of a timely filed notice of opposition, the Board is without authority to cancel the registration and restore it to application status. In this situation, the Board will refer the registration file to the Office of the Deputy Commissioner for Trademark Examination Policy for appropriate action. See TBMP §216. See also TMEP §1609.10(a) regarding correction of USPTO errors.

Requests for extensions of time to oppose are handled by the Board. See TBMP Ch. 200.

A request for an extension of time must be filed within thirty days after the date of publication in the Trademark Official Gazette, or within an extension period granted by the Board. 15 U.S.C. §1063(a); 37 C.F.R. §2.102(c); TBMP §202.01. The time within which to file a request for extension of time to oppose is set by statute and may not be extended or waived. In re Kabushiki Kaisha Hitachi Seisakusho, Ser. No. 74215986, 1994 Commr. Pat. LEXIS 4, at *3 (Comm'r Pats. 1994); In re Cooper, 1980 Commr. Pat. LEXIS 3, at *4 (Comm’r Pats. 1980).

A request for extension of time to oppose an application based on Trademark Act §1 or §44 must be filed through the Board’s electronic filing system . 37 C.F.R. §2.102(a)(1). If the Board’s electronic filing system is unavailable due to technical problems, or when extraordinary circumstances are present, a request to extend the opposition period for an application based on §1 or §44 may be filed in paper form. 37 C.F.R. §§2.102(a)(1), 2.126(b); TBMP §203.01(a) A paper extension request must be filed by the due date set forth in 37 C.F.R. §2.101(c) and must be accompanied by a petition to Director under 37 C.F.R. §2.146, with the required fees and a showing that the Board’s electronic filing system was unavailable because of technical problems or that extraordinary circumstances are present. 37 C.F.R. §2.102(a)(2); see In re Leader Development, Inc., Ser. No. 98128348, 2025 Commr. Pat. LEXIS 5, at *3-4, *4 & n.6 (Dir USPTO 2025). A paper extension request includes both a physical paper document and an electronic format that mimics the form of paper, such as a PDF document attached to the electronically filed petition to the Director. In re Leader Development, Inc., 2025 Commr. Pat. LEXIS 5, at *4 & n.6. See 37 C.F.R. §2.197 and §2.198, and TMEP §305.02 and §305.03 regarding certificate of mailing and Priority Mail Express® procedures and TBMP §106.03 and §107 for general information regarding permitted paper submissions with the Board.

A request for extension of time to oppose a §66(a) application must be filed through the Board’s electronic filing system and may not be filed in paper form under any circumstances. 37 C.F.R. §2.102(a)(1); TBMP §203.01(a); see In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, Ser. No. 79000042, 2005 TTAB LEXIS 72, at *2-3 (2005).

For additional information regarding filing a request for an extension of time to oppose, see TBMP Chapters 200 and 300.

When a registration is issued, inadvertently, from an application that was the subject of an unexpired extension of time to oppose on the date of registration, the Board is without authority to cancel the registration and restore it to application status. See TBMP §216. In this situation, a request to have the registration cancelled as inadvertently issued should be directed to the Office of the Deputy Commissioner for Trademark Examination Policy. See TMEP §1609.10(a) regarding correction of USPTO errors.

Trademark Act §68(a)(2), 15 U.S.C. §1141h(a)(2), provides that a request for extension of protection is subject to opposition under Trademark Act §13, 15 U.S.C. §1063. The USPTO must notify the International Bureau of the World Intellectual Property Organization (IB) within 18 months of the date the IB sends the request for extension of protection to the USPTO of: (1) a notification of refusal based on the filing of an opposition; or (2) a notification of the possibility that an opposition may be filed after expiration of the 18-month period. 15 U.S.C. §1141h(c)(1)(B)-(C); see TMEP §§1904.03, 1904.04.

An opposition to a §66(a) application, or a request for extension of time to oppose a §66(a) application, must be filed through the Board’s electronic filing system and may not be filed in paper form under any circumstances. 37 C.F.R. §§2.101(b)(3), 2.102(a)(1); TBMP §309.01; see In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, Ser. No. 79000042, 2005 TTAB LEXIS 72, at *2-3 (2005).

Once filed, an opposition to a §66(a) application may not be amended to add to the grounds for opposition, to add to the goods/services opposed, or to add a joint opposer. 37 C.F.R. §§2.104(c), 2.107(b). The opposition is limited to the goods, services, grounds, and named opposers set forth in the opposition form cover sheet generated by the Board’s electronic filing system. 37 C.F.R. §§2.104(c), 2.107(b) ("The grounds for opposition, the goods or services opposed, and the named opposers are limited to those identified in the ESTTA cover sheet regardless of what is contained in any attached statement."); Sterling Computs. Corp. v. IBM Corp., Opp. No. 91273043, 2023 TTAB LEXIS 331, at *8-9 (2023); CSC Holdings, LLC v. SAS Optimhome, Opp. No. 91199973, 2011 TTAB LEXIS 245, at *8-11 (2011); see TBMP §315. The notice of opposition must also include all fees for each party opposer to oppose the registration in all classes specified in the opposition. 37 C.F.R. §2.101(d).

An opposer cannot amend its pleading to include common law trademark rights not previously identified on the Board’s electronic filing system cover sheet. Sterling Computs. Corp. v. IBM Corp., 2023 TTAB LEXIS 331, at *9. However, if a §1(a) use-based application or registration is identified on the cover sheet as a likelihood of confusion grounds for opposition against a §66(a) application, this claim would be sufficient to satisfy the requirement to notify the IB of an opposer’s reliance on common law rights that are coterminous with the pleaded application or registration. Id. at *12-13.