TMEP § 1503.01
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).