Once the trademark has passed the initial review by the United States Patent and Trademark Office (USPTO), it will be announced in the Official Gazette (Official Gazette) for a period of 30 days. During this period, any third party that believes that the trademark may cause confusion or damage to its existing trademark may file an objection.

Focus: Unlike China, the trademark objection period in China is 3 months, while in the US it is only 30 days. During the announcement period, it is necessary to promptly monitor whether any objections have been raised in order to reserve time for response. Here is the link to the USPTO's official announcement page: https://tmog.uspto.gov/#issues=2025-08-26&pubReason=OPPOSITION&limit=20&orderBy=SERIAL_NR&view=review&subview=tile

If a third party decides to object to the trademark application, it is necessary to submit an objection within the notice period (30 days). Opposing applicants can also apply for an extension of time during the notice period to obtain more preparation time. The rules are as follows:

Focus: There is also a gap between this and the domestic opposition process, and the domestic opposition application process cannot be extended. US opposition applications generally include reasons for objections and preliminary evidence, indicating that the trademark in the application may cause confusion or damage to existing trademarks. As the objected party, the trademark applicant is required to carefully analyze the contents of the notice of objection and prepare corresponding defense materials.

After receiving the notice of opposition, the trademark applicant has 40 days to submit an objection defense. The reasons for defense may include refuting the objector's claims and putting forward evidence and arguments.

Focus: If the defense is not completed within the specified time, the US Trademark Trial and Appeals Board (TTAB) will decide in absentia, that is, the objector wins, and the objected trademark will be treated as abandoned (abandoned). A timely response is therefore essential. Unlike China, when a Chinese trademark applicant does not respond, the examiner will still make a decision based on their own judgment.

After filing an objection application and defense, the two parties enter the evidence exchange stage, which usually takes 6 months. During this period, the parties are required to exchange evidence, including written testimonies, documents, and other relevant materials in accordance with regulations.

Focus: The evidence exchange process in the US needs to be led by lawyers and carried out with the participation of lawyers from both parties, so it may incur high legal fees. The purpose of the exchange of evidence is to ensure the transparency and fairness of the process. Trademark applicants are required to actively participate in the exchange of evidence to ensure sufficient and strong evidence. If the parties are unable to reach a settlement, it is necessary to actively investigate and gather evidence to gather evidence that may be adopted in court.

After the exchange of evidence is over, the US Trademark Trial and Appeals Board will usually schedule a hearing, usually within a few months after the exchange of evidence is over. The hearing was presided over by the US Trademark Trial and Appeals Board. Lawyers from both sides separately presented their opinions, submitted evidence, and accepted questions.

Focus: The hearing is a key part of the objection process, and statements with clear logic and strong evidence must be prepared in advance. Furthermore, familiarity with court rules and defense techniques is required to ensure accurate communication of positions during hearings, which is also very demanding for lawyers.

After the hearing, the US Trademark Trial and Appeals Board will make a decision within a few months. If either party is not satisfied with TTAB's decision, it can appeal to the Federal Circuit Court of Appeals (Federal Circuit Court of Appeals) within the specified time. The official fee for filing an appeal is USD 225/class.

Focus: If a trademark applicant is not satisfied with the US Trademark Trial and Appeals Board's decision, an appeal may be considered.

There is a clear difference between the US trademark opposition process and the domestic system due to its tight time, many steps, and strict requirements. For cross-border sellers, monitoring and timely response during the notice period is the first line of defense to win a case — any delay could result in direct loss of the lawsuit.
Of course, trademark objections are not only a procedural measure to defend against third party challenges, but also an important strategy for enterprises to actively protect and optimize trademark layout. As the reputation of “Made in China” continues to rise in the global market, sellers who have accumulated a good reputation on overseas platforms such as Amazon can completely transform their defensive thinking into active attacks, using objection procedures to actively defend brand rights and crack down on potential infringement risks.