Notice of Opposition
(Genericness and Mere Descriptiveness) (TTAB)
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Summary
This template is a notice of opposition that can be used to initiate an opposition proceeding before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO). It alleges that the applicant's mark is generic and/or merely descriptive. This template includes practical guidance and drafting notes. Notices of opposition must be filed electronically with the TTAB through the USPTO's Electronic System for Trademark Trials and Appeals (ESTTA), absent extraordinary circumstances or the unavailability of ESTTA due to technical problems. See 37 C.F.R. § 2.101(b). For guidance on opposition proceedings, see TTAB Litigation: Opposition Proceedings and TTAB Litigation: Procedural Considerations. For summaries of precedential TTAB decisions on the issues of genericness and mere descriptiveness, see TTAB Decision Tracker: Genericness and TTAB Decision Tracker: Mere Descriptiveness.