TMEP 1503.03: Time for Opposing

October 2017 Edition of the TMEP

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1503.03    Time for Opposing

An opposition must be filed within thirty days after the date of publication in the 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 et seq.  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).

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.