Can a Member of the Public or a Competitor Challenge a Trademark Application BEFORE a Registration Issues?

All trademark applications that have been approved for registration are published in a weekly Official Gazette. Any party that believes it will be injured by the issuance of a trademark registration may oppose that registration by filing a Notice of Opposition within the permitted time. Once a Notice of Opposition has been filed, the application file is transferred to the Trademark Trial and Appeal Board, a quasi-judicial administrative tribunal within the PTO, and proceedings are instituted. An opposition proceeding is similar to litigation in that discovery is permitted, testimony is recorded and briefs are submitted. Decisions of the Trademark Trial and Appeal Board may be appealed to the United States Court of Appeals for the Federal Circuit.