308.01(a)    In General

15 U.S.C. § 1063(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 C.F.R. § 2.101 

  • (a) An opposition proceeding is commenced by filing in the Office a timely notice of opposition with the required fee.
  • * * * *
  • (c) . . . . 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).
  • (d) An otherwise timely opposition cannot be filed 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. A paper opposition that is not accompanied by the required fee sufficient to pay in full for each named party opposer for each class in the application for which registration is opposed may not be instituted. If time remains in the opposition period as originally set or as extended by the Board, the potential opposer may resubmit the opposition with the required fee.

    * * * *

The rules governing opposition fees are specified in 37 C.F.R. § 2.101(c) -37 C.F.R. § 2.101(d). The amount of the required filing fee is specified in 37 C.F.R. § 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 electronic receipt in the Office of both the opposition with the required fee. [ Note 1.] In the rare instance of a permitted filing of a paper notice of opposition (granted by a Petition to the Director), the filing date will be determined in accordance with 37 C.F.R. § 2.195, 37 C.F.R. § 2.196, 37 C.F.R. § 2.197  and 37 C.F.R. § 2.198. [ Note 2.] See TBMP § 309.

The required fee must be submitted for each party joined as opposer for each class opposed, [ Note 3.] and if fewer than the total number of classes in the application are opposed, the classes opposed should be specified. See TBMP § 304. [ Note 4.]

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

NOTES:

 1.   See 37 C.F.R. § 2.101(e). 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 37 C.F.R. § 2.101(e).

 3.   See 37 C.F.R. § 2.101(c)  and 37 C.F.R. § 2.101(d); 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); MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF PRACTICE, 81 Fed. Reg. 69950, 69957 (October 7, 2016) ("With opposers, regardless of the basis of the opposition application, the opposers identified in the ESTTA cover sheet determine the fees paid through ESTTA. Any additional opposers named only in the accompanying statement, for whom no fees have been paid, will not be part of the proceeding, regardless of the filing basis of the opposed application.").

 4.   See 37 C.F.R. § 2.101(d).