What are the chances of opposition to my trademark application?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The chances of receiving an opposition are minor, since roughly only 5% of trademark applications receive one. The rate varies by jurisdiction and by the competitive density of the mark's industry.

The key risk factors are similarity to existing registrations and how actively the owners of those marks enforce their rights. A mark operating in a crowded brand landscape with several similar existing registrations has a meaningfully higher opposition risk than a distinctive mark in a less competitive class. A trademark search before filing gives the clearest picture of where your specific application sits on this risk spectrum.

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