When a trademark applicant receives word that someone has filed an opposition against their application, the reaction is often confusion or alarm. What does it mean? Who is opposing your mark—and why? For many applicants, this is their first encounter with the Trademark Trial and Appeal Board (TTAB), and they find themselves in unfamiliar territory.

Opposition proceedings may not involve money damages, but they carry weight. If handled poorly, they can result in the permanent refusal of your trademark registration. Fortunately, there are clear steps to follow once a TTAB opposition has been initiated—and following them carefully can make all the difference.

This guide offers an authentic, practical breakdown of what happens after an opposition is filed and how to respond strategically, using guidance derived from TTAB practices and procedures.

Step One: Understand the Nature of the Opposition

Once the opposition is filed, the TTAB sends a “Notice of Institution.” This is your official signal that the opposition process has begun. The opposer—the party challenging your trademark—has laid out legal claims arguing that your trademark should not be registered. These claims might be based on a likelihood of confusion with their existing trademark, allegations that your mark is merely descriptive or generic, or claims that it falsely suggests a connection with a person or institution.

Don’t skim over this document. Read it closely. Identify what grounds are being asserted. Are they claiming you copied their brand? Are they challenging your mark based on prior rights? Knowing the specific claims helps you tailor your response.

Step Two: Be Aware of the Deadline—and Don’t Miss It

The TTAB gives applicants a limited window to respond—usually 40 days from the date of the notice. Your response must be submitted electronically through ESTTA, the TTAB’s online filing system. This isn’t just a formality: missing this deadline can result in a default judgment, which means your trademark application could be denied without you having a chance to argue your case.

If you need more time, the Board allows you to request an extension—but you must file it before your deadline expires. This procedural step alone has tripped up countless applicants, so it’s worth emphasizing: deadlines at the TTAB are rigid and must be respected.

Step Three: Evaluate Whether to Fight or Settle

Once you understand the opposition and confirm the timeline, you should consider whether to contest the opposition or resolve the matter amicably. TTAB opposition proceedings are legal disputes, but many of them never make it to a full decision. Instead, the parties often settle.

Settlement could involve narrowing your goods or services, entering into a consent agreement, or withdrawing the application. If both sides agree to pursue settlement discussions, you can jointly request that the TTAB suspend proceedings while negotiations are underway.

Still, it’s essential to continue meeting deadlines even during settlement talks. Just because you’re discussing resolution doesn’t mean the procedural rules are paused.

Step Four: Draft a Proper Answer

If you decide to proceed with the case, your next job is to file a formal response—called an “answer.” In it, you must address every allegation in the opposition, one by one. You must either admit, deny, or claim insufficient knowledge to respond to each point raised. Avoid making vague or blanket statements, and resist the urge to copy and paste generic defenses. The TTAB requires clear, specific answers.

Also, be cautious about including “affirmative defenses” unless you have a solid legal basis for them. Some commonly-used defenses—like laches or estoppel—are rarely successful at the TTAB level, particularly in opposition cases involving pending applications.

Step Five: File Everything Correctly

It’s not uncommon for applicants to mistakenly use the wrong filing system. While your trademark application may have been submitted through TEAS (the Trademark Electronic Application System), your opposition filings must go through ESTTA. These are separate systems. Sending your answer to the wrong portal could result in the document not being received, which may cost you your case.

Be sure to save the confirmation receipt and tracking number generated by ESTTA. This provides proof that you filed on time.

Step Six: Participate in the Discovery Conference

Once your answer is accepted, the case enters the discovery phase—but not before the parties participate in a mandatory “discovery conference.” This meeting, typically conducted over the phone, allows both parties to discuss the case, outline the issues, and consider ways to simplify or settle the matter.

You’re also required to exchange basic disclosures during this period. This includes identifying potential witnesses and listing documents that may be used to support your claims or defenses.

If you’re unsure how to proceed in the conference, or if your opponent is uncooperative, you can request that a TTAB Interlocutory Attorney participate. In some cases, especially when one party is unrepresented, the Board may choose to join the conference to help guide the discussion.

Step Seven: Prepare for the Next Phase—Discovery

After the conference, formal discovery begins. This is your opportunity to request documents, ask written questions (interrogatories), and take depositions if necessary. Keep in mind that the TTAB has strict limits—each party is typically allowed only 75 interrogatories, document requests, and requests for admission. You also must complete all your discovery before the TTAB’s scheduled deadlines.

The Board expects parties to cooperate during this process. Failing to respond to discovery requests—or refusing to engage in good faith—can lead to sanctions or even case dismissal.

Step Eight: Consider Accelerated Case Resolution (ACR)

For applicants seeking a faster, less expensive resolution, the TTAB’s Accelerated Case Resolution (ACR) procedure is worth considering. ACR is a flexible system where both sides agree to submit evidence and legal arguments on a more streamlined schedule, bypassing the traditional trial process.

The TTAB can make findings of fact and issue a decision more quickly under ACR, often with the same evidentiary weight as a full trial. Many practitioners view it as a smart option in cases where the facts aren’t seriously disputed.

Final Thought: Precision and Procedure Matter at the TTAB

Opposition proceedings before the Trademark Trial and Appeal Board are legal in nature, but unlike court litigation, they follow strict administrative rules. The Board expects timely filings, carefully formatted pleadings, and attention to procedural details.

If you’re unfamiliar with TTAB practice, consider consulting the TTAB Manual of Procedure (TBMP) or working with an experienced trademark attorney. As any experienced practitioner knows, TTAB cases are often won—or lost—not just on legal arguments, but on how well the process is handled from the start.