207.01 In General
The time for filing an opposition will not be extended beyond 180 days from the date of publication. [ Note 1.] No more than three requests to extend the time to oppose may be filed. [ Note 2.] During the initial 30-day period following publication of the mark, a potential opposer may file a first request for a thirty-day extension without a showing of cause, see TBMP § 207.02, followed by a request for a sixty-day extension for good cause. [ Note 3.] If granted, the potential opposer will have until 120 days from the date of publication within which to oppose. Alternatively, the potential opposer may file a single first request for a ninety-day extension of time for good cause thereby obtaining, if granted, an extension up to 120 days from the date of publication. [ Note 4.] A sixty-day extension if not available as a first extension of time to oppose. [ Note 5.] After one or two granted requests totaling 120 days from the date of publication, see TBMP § 207.02, the potential opposer may request one final extension of time for an additional sixty days, but only with the consent of applicant or a showing of extraordinary circumstances. [ Note 6.]
The final request (for the 120-180 day period after publication) can only be granted for sixty days and not any other period of time. [ Note 7.] For example, within the 90-120 day period from publication, the potential opposer cannot request a thirty day extension of time, even with the consent of the applicant. If an extension of less than sixty days is requested, even if based on consent, the request will be denied unless the reasons stated for the granting of the request are determined to be extraordinary, in which case the request will be granted for sixty days. In other words, although a thirty day extension of time is not permissible under 37 C.F.R. § 2.102(c)(3), the presence of extraordinary circumstances would allow the granting of a sixty-day extension of time. No further extensions of time to oppose will be permitted.
The following chart illustrates the initial publication period and extensions of time to oppose which may be granted:
| Publication 30 days 37 C.F.R. § 2.102(c) | First 30 days – no reason necessary 37 C.F.R. § 2.102(c)(1)(i) | Next 60 days – for good cause or consent 37 C.F.R. § 2.102(c)(2) | Final 60 days – with consent or under extraordinary circumstances 37 C.F.R. § 2.102(c)(3) |
| First 90 Days – for good cause or consent 37 C.F.R. § 2.102(c)(1)(ii) | |||
NOTES:
2. 37 C.F.R. § 2.102(c)(1)(i) - 37 C.F.R. § 2.102(c)(2).
3. 37 C.F.R. § 2.102(c)(1)(i) and 37 C.F.R. §2.102(c)(2).
4. 37 C.F.R. § 2.102(c)(1)(ii).