308.01(a)    In General

15 U.S.C. § 1063(a) [Trademark Act § 13(a)] Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office....

37 CFR § 2.101 Filing an opposition.

  • (a) An opposition proceeding is commenced by filing in the Office a timely opposition with the required fee.
  • * * * *
  • (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 § 2.6).
    • (2) An otherwise timely opposition will not be accepted via ESTTA unless the opposition is accompanied by a fee that is sufficient to pay in full for each named party opposer to oppose the registration of a mark in each class specified in the opposition.
    • (3) If an otherwise timely opposition is submitted on paper, the following is applicable if less than all required fees are submitted:
      • (i) If the opposition is accompanied by no fee or a fee insufficient to pay for one person to oppose the registration of a mark in at least one class, the opposition will be refused.
      • (ii) If the opposition is accompanied by fees sufficient to pay for one person to oppose registration in at least one class, but fees are insufficient to oppose a registration in all the classes in the application, and the particular class or classes against which the opposition is filed is not specified, the opposition will be presumed to be against the class or classes in ascending numerical order, including only the number of classes in the application for which sufficient fees have been submitted.
      • (iii) If persons are joined as party opposers, each must submit a fee for each class for which opposition is sought. If 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 first-named party will be presumed to be the party opposer. Additional parties will be deemed to be party opposers only 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 a multiple class application, the fees submitted are insufficient, and no specification of opposers and classes is made at the time the party is joined, 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. Any excess will be applied on behalf of the second-named party to the opposition against the classes in the application in ascending numerical order.

The rules governing opposition fees are specified in 37 CFR § 2.101(d)(1) -37 CFR § 2.101(d)(4). The amount of the required filing fee is specified in 37 CFR § 2.6(a)(17). The required fee must be submitted with the opposition; the filing date of an opposition (and, hence, the date of commencement of the opposition proceeding) is the date of receipt in the Office of both the opposition with proof of service and the required fee. [ Note 1.] See TBMP § 309.

The required fee must be submitted for each party joined as opposer for each class opposed, [ Note 2.]and if fewer than the total number of classes in the application are opposed, the classes opposed should be specified. See TBMP § 304. [ Note 3.]

For information on how to pay fees, see 37 CFR § 2.206 -37 CFR § 2.208, and TBMP § 118. For information on fee refunds, see 37 CFR § 2.209, and TBMP § 119.

NOTES:

 1.   See 37 CFR § 2.101(a). See also Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1282-83 (TTAB 2008) (where ESTTA filing process not completed because no fee was paid, date appearing on the ESTTA "Validate" screen is inoperative; opposition dismissed as a nullity).

 2.   See Syngenta Crop Protection Inc. v. Bio-Chek LLC, 90 USPQ2d 1112, 1115 n.2 (TTAB 2009) (second named opposer not party to proceeding where notice of opposition named two opposers, but fee payment sufficient for only one opposer and only one opposer identified in ESTTA cover sheet).

 3.   See 37 CFR § 2.101(d).