US trademark opposition period: 30 days after publication, extensions, fees
If you learn that someone filed a USPTO application with a name close to yours, this is what you can do and by when. Fees are from the USPTO fee schedule (effective Jan 19, 2025, checked Oct 2026) and exclude attorney fees.
1. From filing to registration: where it can be stopped
| Stage | TSDR status | Typical time | What you can do |
|---|---|---|---|
| New application | New application, not yet assigned to an examining attorney | Months until an examiner is assigned | This is the stage our weekly report catches. Talk to counsel, gather evidence, prepare a letter of protest. |
| Examination | Non-final action mailed / Response received | Months, depending on refusals and responses | Letter of protest (best before publication). The examiner may also refuse on the basis of your earlier registration. |
| Approved for publication | Approved for publication | Usually a few weeks until publication | Finish preparing the opposition. |
| Publication | Published for opposition | 30 days from the publication date | File a Notice of Opposition or an extension request. A letter of protest is still possible within those 30 days, with a higher evidence bar. |
| Registration or notice of allowance | Registered / Notice of allowance issued | Months after publication if unopposed | After registration only a Petition for Cancellation remains. It costs more and takes longer. |
Intent-to-use (1(b)) applications do not register right after publication. They receive a Notice of Allowance and must file a Statement of Use within 6 months (extendable in 6-month steps), so registration can come more than a year after publication.
2. The opposition window and extensions
- Base period: 30 days from publication in the Trademark Official Gazette (issued every Tuesday). The date appears next to “Published for opposition” in TSDR.
- First 30-day extension: no reason required, no fee. Filed with the TTAB through ESTTA before the deadline.
- First 90-day or second 60-day extension: state good cause, $200 (fee code 7404).
- Final 60-day extension: requires the applicant’s consent, $400 (7405). Total cap: 180 days from publication.
Extensions buy time. They are commonly used while negotiating a coexistence agreement or a narrower list of goods with the applicant so the deadline does not pass.
3. Options and USPTO fees (attorney fees extra)
| Tool | When | USPTO fee | Notes |
|---|---|---|---|
| Letter of Protest | Right after filing until publication (preferred); at the latest 30 days after publication | $150 | Sends evidence (e.g. your earlier registration) to the examiner. You are not a party and only get notified of the outcome. Non-refundable. One filing per application. |
| Notice of Opposition | 30 days after publication (extendable) | $600 per class | Adversarial TTAB proceeding. Foreign-domiciled parties need a US attorney. The most direct way to block registration. |
| Petition for Cancellation | After registration | $600 per class | Challenges a registered mark. Fewer grounds are available once the registration is more than 5 years old. |
| Do nothing | — | $0 | When classes and channels differ enough that confusion is unlikely. Make that call with counsel. |
Sources: USPTO Fee Schedule (Trademark Trial and Appeal Board fees; Letter of protest 7011), uspto.gov/…/uspto-fee-schedule · 37 C.F.R. §2.102 (extensions) · USPTO “Letter of protest practice tip”. Checked 2026-10-17.
4. How it plays out for Amazon and Shopify sellers
- When you find out is everything. Thirty days after publication is short, and half of it goes to hiring counsel and organizing evidence. Learning about a filing at the new-application stage usually gives you months.
- In TSDR, check the applicant, the goods and the specimen (Documents tab). Same class but completely different goods can mean low likelihood of confusion.
- Collect your registration certificate and proof of use (listings, shipping records, ads). Both a letter of protest and an opposition use them.
- Before publication, consider a letter of protest first. Once published, file an opposition or the free 30-day extension within 30 days.
- Amazon Brand Registry disputes are separate from USPTO proceedings. If the other party reaches registration, things get harder inside Amazon, so stopping it before registration is usually the cheaper path.
FAQ
When does the opposition period start and end?
It runs 30 days from the day the application is published in the Trademark Official Gazette. Extension requests filed with the TTAB within the deadline can stretch it to a maximum of 180 days from publication.
How long can I extend, and what does it cost?
The first 30-day extension needs no reason and no fee. A first 90-day (or second 60-day) extension requires a stated reason and costs $200. The final 60-day extension requires the applicant's consent and costs $400 (USPTO fee schedule effective Jan 19, 2025).
How much does an opposition cost?
A Notice of Opposition filed electronically is $600 per class. A Petition for Cancellation against an already registered mark is also $600 per class. Attorney fees are on top, and parties domiciled outside the US must be represented by a US-licensed attorney.
Is there anything cheaper than an opposition?
A Letter of Protest ($150) sends evidence, such as your earlier registration, to the examining attorney. You do not become a party, but it is inexpensive and works best before publication. It is not accepted after the 30-day post-publication window.
Every Monday we email new USPTO applications whose name and class are close to your mark. One mark free for 4 weeks.
Start free trial How to read TSDRThis page summarizes public information and is not legal advice. Deadlines and fees change; confirm with the USPTO and a US trademark attorney before acting.