Building a strong brand is one of the most valuable investments a startup can make. Yet, many entrepreneurs are surprised when their trademark application triggers an opposition at the Trademark Trial and Appeal Board (TTAB). An opposition is essentially a formal challenge to your application filed by another party who believes your trademark is too similar to theirs or otherwise unregistrable.

For startups, these proceedings can feel overwhelming. The TTAB process is highly procedural, and even small missteps can lead to costly delays, defaults, or even losing the chance to protect your brand. To help you avoid these pitfalls, let’s explore the most common mistakes startups make in TTAB oppositions and how to steer clear of them.

Mistake 1: Ignoring the Opposition Notice

When the TTAB issues a notice that your trademark has been opposed, the clock starts ticking. Many startups make the mistake of ignoring the notice, assuming it’s a minor obstacle or that they’ll have time to deal with it later. In reality, strict deadlines apply, and missing the response date can lead to a default judgment against you.

How to avoid it: Always monitor your trademark filings closely, and as soon as you receive an opposition notice, consult with a trademark attorney. Filing a timely and properly formatted answer is essential to keep your case alive.

Mistake 2: Filing a Weak or Generic Response

Another common misstep is submitting a boilerplate response that doesn’t address the allegations properly. Some startups copy and paste generic defenses without considering the specifics of the case. This approach signals to the TTAB and the opposing party that you may not be taking the matter seriously.

How to avoid it: Craft a thoughtful, case-specific answer that addresses each allegation. If you lack the legal expertise to do so effectively, work with counsel who understands TTAB practice. A strong response lays the foundation for your defense.

Mistake 3: Overlooking the Importance of Pleadings

The pleadings phase sets the scope of the entire case. A poorly drafted notice of opposition or answer can lead to unnecessary motion practice, wasted time, and weakened positions. Startups often try to argue infringement or unfair competition issues that the TTAB does not adjudicate.

How to avoid it: Remember that the TTAB only decides the right to federal registration, not infringement or damages. Keep your pleadings focused on grounds that the TTAB has jurisdiction over, such as likelihood of confusion, descriptiveness, or abandonment.

Mistake 4: Missing Deadlines for Discovery and Evidence

The TTAB process has multiple deadlines: discovery requests, depositions, motions, pretrial disclosures, and trial testimony periods. Startups sometimes fail to track these dates, which can result in losing the opportunity to present critical evidence.

How to avoid it: Create a detailed case calendar the moment the opposition begins. Every deadline should be tracked carefully. If unavoidable delays arise, file timely motions to extend or suspend deadlines with good cause.

Mistake 5: Misunderstanding Discovery Rules

Discovery in TTAB proceedings is narrower than in federal court, and many startups either overreach or fail to conduct discovery effectively. For example, requesting irrelevant information related to infringement damages (which the TTAB cannot award) wastes time and weakens credibility.

How to avoid it: Tailor discovery requests to the issues the TTAB will actually consider. Focus on evidence of trademark use, priority, and consumer perception. If disputes arise, cooperate in good faith before involving the Board with motions to compel.

Mistake 6: Failing to Consider Settlement Early

Startups often get caught up in the fight and overlook the value of early settlement discussions. TTAB proceedings can drag on for years and cost significant resources. Ignoring opportunities to negotiate can mean wasting time and money on litigation that could have been resolved more efficiently.

How to avoid it: Be open to settlement talks from the start. Options include coexistence agreements, narrowing the scope of goods or services, or amending the application. Settlement not only saves costs but also lets you focus energy on growing your business instead of protracted disputes.

Mistake 7: Assuming Evidence Automatically Becomes Part of the Record

Many entrepreneurs think that simply attaching documents to pleadings or motions automatically makes them part of the record. In reality, evidence must be introduced during the proper testimony period or through a notice of reliance. Failing to follow these rules can result in evidence being excluded.

How to avoid it: Familiarize yourself with TTAB evidentiary rules. Work with your attorney to ensure that all relevant documents, depositions, and exhibits are properly introduced at the right time.

Mistake 8: Neglecting Professional Legal Help

One of the biggest errors startups make is trying to handle a TTAB opposition on their own. While it may seem like a way to save costs, the complexity of TTAB rules often leads to mistakes that jeopardize the entire case.

How to avoid it: Consider your trademark as the foundation of your brand. Working with an attorney experienced in TTAB practice is an investment in your company’s future. A skilled lawyer can simplify the process, ensure compliance with rules, and increase your chances of a favorable outcome.

Mistake 9: Treating the TTAB Like Federal Court

Although TTAB proceedings resemble litigation, they are not the same as federal court trials. Startups sometimes make arguments better suited for court, such as monetary damages, injunctions, or infringement claims. The TTAB cannot provide these remedies.

How to avoid it: Keep in mind that the TTAB’s role is limited to deciding whether a trademark should or should not be registered. If broader trademark enforcement is needed, federal court may be the proper venue.

Mistake 10: Underestimating the Long-Term Impact

Finally, startups often underestimate how much an opposition can affect their brand strategy. Losing at the TTAB means your mark will not be federally registered, limiting your ability to protect it nationwide. This can affect investor confidence, expansion plans, and even future rebranding costs.

How to avoid it: Take every opposition seriously. Think strategically about how the outcome aligns with your broader brand goals. Sometimes, fighting the opposition is the right move; other times, negotiating or rebranding may be the smarter long-term strategy.

Final Thoughts

A TTAB opposition can be intimidating, especially for entrepreneurs focused on growing their businesses. However, by understanding the most common mistakes and how to avoid them, startups can navigate the process with greater confidence and control.

Your brand is everything, it deserves thoughtful protection at every stage of the trademark process. If your application is opposed, don’t panic. Instead, take immediate action, follow TTAB procedures carefully, and seek guidance from experienced trademark counsel. With the right strategy, you can protect your brand’s future while keeping your business momentum strong.