[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.101]

[Page 289-290]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.101  Filing an opposition.

    (a) An opposition proceeding is commenced by the filing of an 
opposition in the Patent and Trademark Office.
    (b) Any entity which believes that it would be damaged by the 
registration of a mark on the Principal Register may oppose the same by 
filing an opposition, which should be addressed to the Trademark Trial 
and Appeal Board. The opposition need not be verified, and may be signed 
by the opposer or the opposer's attorney or other authorized 
representative.

[[Page 290]]

    (c) The opposition must be filed within thirty days after 
publication (Sec. 2.80) of the application being opposed or within an 
extension of time (Sec. 2.102) for filing an opposition.
    (d)(1) The opposition must be accompanied by the required fee for 
each party joined as opposer for each class in the application for which 
registration is opposed (see Sec. 2.6). If no fee, or a fee insufficient 
to pay for one person to oppose the registration of a mark in at least 
one class, is submitted within thirty days after publication of the mark 
to be opposed or within an extension of time for filing an opposition, 
the opposition will not be refused if the required fee(s) is submitted 
to the Patent and Trademark Office within the time limit set in the 
notification of this defect by the Office.
    (2) If the fees submitted are sufficient to pay for one person to 
oppose registration in at least one class but are insufficient for an 
opposition against all of the classes in the application, and the 
particular class or classes against which the opposition is filed are 
not specified, the Office will issue a written notice allowing opposer 
until a set time in which to submit the required fee(s) or to specify 
the class or classes opposed. If the required fee(s) is not submitted, 
or the specification made, within the time set in the notice, the 
opposition will be presumed to be against the class or classes in 
ascending order, beginning with the lowest numbered class and including 
the number of classes in the application for which the fees submitted 
are sufficient to pay the fee due for each class.
    (3) If persons are joined as party opposers, and the fees submitted 
are sufficient to pay for one person to oppose registration in at least 
one class but are insufficient for each named party opposer, the Office 
will issue a written notice allowing the named party opposers until a 
set time in which to submit the required fee(s) or to specify the 
opposer(s) to which the submitted fees apply. If the required fee(s) is 
not submitted, or the specification made, within the time set in the 
notice, the first named party will be presumed to be the party opposer 
and additional parties will be deemed to be party opposers to the extent 
that the fees submitted are sufficient to pay the fee due for each party 
opposer. If persons are joined as party opposers against the 
registration of a mark in more than one class, the fees submitted are 
insufficient, and no specification of opposers and classes is made 
within the time set in the written notice issued by the Office, the fees 
submitted will be applied first on behalf of the first-named opposer 
against as many of the classes in the application as the submitted fees 
are sufficient to pay, and any excess will be applied on behalf of the 
second-named party to the opposition against the classes in the 
application in ascending order.

[48 FR 3976, Jan. 28, 1983, as amended at 51 FR 28709, Aug. 11, 1986; 54 
FR 37596, Sept. 11, 1989; 63 FR 48097, Sept. 9, 1998; 64 FR 48924, Sept. 
8, 1999]