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chapter 18 what is a trademark opposition a trademark opposition is a challenge by another party to a united states patent and trademark office application an opposition occurs when a company or an individual believes that its trademark rights would be harmed by the registration of an application pending at the uspto and they file to block it the most common basis for an opposition is a likelihood of confusion between the opposers trademark and the pending application an opposition may be filed when a pending application receives preliminary approval from the uspto and is then published in the usptos official records called the official gazette in an opposition proceeding based on an alleged likelihood of confusion the opposer must establish that its rights to the trademark predate those of the challenged applicant and that the opposers trademark and the applicants trademark are likely to be confused generally the two main factors in determining whether two marks are likely to be