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Published for opposition: the 30 days

When the USPTO publishes an application in the Official Gazette, a 30-day clock starts. What that means, what the first extension costs, and how to find the date.

By The GuardMyMark team · Updated

If a trademark application is “published for opposition”, the office has examined it, decided it may register, and told the world so. From the day it is published, anyone who believes the registration would damage them has a fixed amount of time to object or to ask for more time. In the United States that is 30 days. Nobody writes to tell you the clock has started.

What publication for opposition means

A US application that survives examination is published in the Trademark Official Gazette, which the USPTO describes as a weekly electronic publication and issues each Tuesday. Publication is not registration. It is the office saying: we are satisfied; speak now.

That is the only notice there is. The Gazette is a list, it is published once a week, and nothing in the process sends a copy to the owners of marks that already exist.

How long do I have? 30 days from publication

The USPTO puts it plainly on its own trademark process page: after the trademark is published, “any party who believes it may be damaged by the registration of your trademark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose”.

Two things follow from that sentence, and they are the two things most owners do not know.

  1. The 30 days run from publication, not from the day you heard about the filing. If you find out because a listing came down or a letter arrived, weeks of it are usually gone.
  2. Objecting is not the only move inside the window. A request to extend the time to oppose is also filed in those 30 days, and it buys time to think.

What does it cost to extend the 30 days?

From the USPTO fee schedule (effective 19 January 2025, last revised 14 August 2026), filed electronically:

ActionFee
First 30-day extension of time to oppose$0.00 — granted as of right, no reason required
Later extension request$200.00 per application
Final extension request$400.00 per application
Notice of opposition$600.00 per class

Note the first row. The first extension costs nothing and does not have to be justified — but it has to be filed inside the original 30 days. That is the single most expensive date to miss in the whole process, because it is the one that is free.

How much extra time can be had in total

The rule is 37 CFR § 2.102(c), and it has a hard ceiling:

RequestLengthGranted on
First30 daysthe request alone — free, and granted as of right
…or instead90 daysgood cause shown
Second (only after a 30-day first)a further 60 daysgood cause shown
Finala further 60 daysthe applicant's written consent, or extraordinary circumstances

A 60-day extension is not available as a first request. And whatever the combination, the regulation is explicit: "The time for filing an opposition shall not be extended beyond 180 days from the date of publication."

So the outer limit is six months from the Tuesday it was published — and the only part of it that is free, and the only part nobody can refuse you, is the first thirty days.

How do I find a trademark's publication date?

For a specific application, the publication date is in the record itself:

  1. Open TSDR and enter the serial number.
  2. Go to Documents or Prosecution History.
  3. Look for the entry “Published for Opposition”. Its date is the date the 30 days run from.

The USPTO's own guide to searching the Gazette walks through the same thing. What TSDR cannot do is tell you that a new application resembling your mark has been published at all — you have to already know the serial number.

The European Union works differently

At the EUIPO, an application is published in the EU Trade Marks Bulletin and a notice of opposition must be filed no later than three months after publication: "Within a period of three months following the publication of an EU trade mark application, notice of opposition to registration of the trade mark may be given" (Article 46(1) EUTMR). The fee is €320 and the opposition is not treated as entered until it is paid (Article 46(3)–(4)).

Unlike the US window, the three months cannot be extended — and the EUIPO is unusually firm about it. The period is excluded both from continuation of proceedings and from restitutio in integrum, expressly in the interests of legal certainty. There is no equivalent of the free US extension, and no late remedy at all.

Our EU ingest is written and waiting on office access, so GuardMyMark does not watch the EU register yet. The rule is here because the difference matters: three months sounds generous until you learn there is no extension at the end of it.

What this page is not

This is an explanation of dates and fees. It is not legal advice, we are not a law firm, and nothing above says whether any particular filing is worth objecting to — that question needs a trademark attorney looking at both marks, both specifications and your actual use. See our disclaimer.

What we can do is tell you, every week, which newly published filings resemble a mark you own and what day each one's window closes. The free clash check does it once, for one mark, against the last 90 days, without an account.

FAQ

Questions, answered

How do I know when someone files a trademark like mine?

Nothing tells you. Approved applications are published in the Trademark Official Gazette each Tuesday, and that weekly list is the only notice there is. Finding a filing on the day it publishes means reading the register yourself, or having something read it for you.

Does the 30 days start when I find out?

No. It runs from the publication date recorded in the application, whatever day you learn about the filing. That is why the date, and not the discovery, is what matters.

What happens if the 30 days pass?

The application continues towards registration and the opposition route is no longer available. Other routes may exist afterwards, and they are a question for a trademark attorney rather than for this page.

Is the first extension really free?

According to the USPTO fee schedule, a first 30-day extension of time to oppose carries no fee and is granted as of right. It still has to be requested inside the original 30 days.

Find out whether a clock is already running.

One mark, its classes, about thirty seconds. No account and no card — and the report gets its own address you can forward to your attorney.

Check your mark free