If a trademark monitoring service notifies me of a similar trademark application, how much time do I have to respond?

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Written by Tomas Orsula

Senior Trademark Attorney

The time available depends on where in the opposition window the application currently sits when you receive the notification. Opposition windows are typically one to three months after publication, depending on the jurisdiction.

The practical implication is that the monitoring frequency matters. If a service reports monthly and a conflicting US application was published three weeks before the report, you may have only a few days remaining in the 30-day window. For US marks specifically, more frequent monitoring reports are important. Confirm with your provider how quickly after publication alerts are sent, and factor that lag into how much time you realistically have to respond.

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