Someone Filed a Trademark Application for Your Brand Name — Here’s How to Challenge It

You’ve been using your brand name for years. Maybe you’ve grown a solid customer base, built a social media following, or even gotten media features—but you never got around to filing a trademark application and registering your brand name.

Now, someone else has filed a trademark application for that same name. It’s frustrating. It’s scary. And it feels unfair.

You’re now facing an uphill legal battle—but how steep it gets depends on how quickly you act. The longer you wait, the more challenging and costly it could become to protect your brand. The good news? You do have options.

How to Challenge a Trademark Application for Your Brand Name

There are three main ways to challenge a trademark application or registration at the USPTO:

1. Filing a Letter of Protest

   • What it is: A way to quietly notify the USPTO that a trademark application shouldn’t be approved—before it registers.

   • When it’s used: When the application is still pending and has not yet been published.

   • What you’ll need: Strong evidence that the mark conflicts with your own prior use or registration.

   • Typical cost: $500–$750+ for attorney-prepared letter. The USPTO filing fee is $150 per application you wish to protest.

     
     

2. Filing a Notice of Opposition

   • What it is: A formal challenge filed after the mark is published but before it registers.

   • When it’s used: After publication in the USPTO’s Official Gazette (you usually have 30 days to file).

   • What you’ll need: Proof that the trademark would harm your business or cause confusion.

   • Typical cost: $1,500–$4,000+ depending on complexity and whether the case settles quickly. The USPTO filing fee is $600 per class. If you need more time to file you may need to request an extension, which costs $200-$400 depending on the timeliness of the request.

3. Filing a Petition for Cancellation

   • What it is: A legal process to cancel a trademark registration that was already approved.

   • When it’s used: After the mark is officially registered—but you believe it was done improperly or is harming your business.

   • What you’ll need: Grounds for cancellation (such as prior use, fraud, or abandonment).

   • Typical cost: $2,000–$6,000+ depending on how far it goes (some cases require trial-like procedures). The USPTO filing fee is $600 per class.

Which Trademark Challenge is Right for You?

• Each of the above options has its own deadlines, risks, and strategic considerations. The best option for you depends on:

• How long the other party’s application or registration has been live

• How long you’ve been using the brand

• Whether you have proof of first use or common law rights

• Your goals (Are you looking to co-exist, stop them completely, or get priority?)

Why Acting Fast Matters

Trademark disputes are time-sensitive. Delaying action can weaken your position—and increase legal costs. Even if you’re unsure about your next step, it’s worth speaking to an experienced trademark attorney ASAP.

Protect Your Brand Before It’s Too Late

At Shai Law®, we help business owners proactively safeguard their brands by registering trademarks early—before someone else claims what’s rightfully yours. Avoid the stress, time, and costs of trademark disputes by securing your brand identity now.

Don’t wait until it’s too late. Book a consultation today, and let’s ensure your brand is protected for the future.