Trademark Opposition
Trademark Opposition allows any third party to legally challenge a trademark application that may conflict with their existing brand. Filed within 4 months of publication in the Trademark Journal, it is a crucial step to protect your brand identity and prevent trademark infringement. Our experts help you draft and file a strong opposition to safeguard your rights.
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INTRODUCTION
What exactly constitutes a trademark opposition?
Trademark opposition in India occurs after the registrar has accepted the trademark application on the uniqueness factor and published the trademark in the journal for third-party opposition. Anyone may dispute the published trademark within three months, which can be extended for an additional month (3+1), commencing on the day it was originally published. If the mark is contested, an opposition process is started. Following that, both sides must reach an agreement, and a decision is made. The decision on whether the mark can be registered or abandoned will be made. There are no restrictions on submitting an opposition. Anyone who considers that the published mark may cause misunderstanding in the public can file for the
ADVANTAGES
Key Advantages of Filing a Trademark Opposition
1. Strong Legal Protection for Trademark Owners
Filing a trademark opposition is a powerful legal remedy that allows registered trademark owners to object to any application that may infringe upon, dilute, or cause confusion with their existing brand. It’s an essential step in defending your brand identity and market reputation.
2. Public Participation in the Registration Process
Trademark opposition involves public consultation, giving existing businesses and individuals the opportunity to raise concerns over potentially conflicting marks. Since a brand’s value is built through public recognition and trust, it’s important to involve public opinion in deciding the registrability of new trademarks.
A LIST OF DOCUMENTS
📑ONLINE REGISTRATION
Documents Required to File a Trademark Opposition
To file a trademark opposition effectively, the following documents and details are required:
Power of Attorney (Form TM-48)
Authorizes your legal representative or trademark attorney to file the opposition on your behalf.Details of the Opposed Trademark
Trademark Application Number, Class, and Publication Date from the Trademark Journal.Grounds for Opposition
A clear description of the reasons and legal grounds for opposing the trademark application.Details of the Opponent
Name, address, identity proof (PAN/Aadhaar), and nature of business of the person or entity filing the opposition.Supporting Evidence (if any)
Documents that support your opposition claim such as prior trademark registration certificate, invoices, advertisements, or any proof of prior usage of the mark.Affidavit in Support (optional but recommended)
A notarized affidavit with relevant facts, usage details, and supporting documents.
Grounds for Filing Trademark Opposition
Trademark opposition allows any third party to challenge a trademark application before it is registered. Below are the most common legal grounds under which a trademark opposition can be filed:
1. Similar or Identical Trademark Exists
If the applied trademark is identical or deceptively similar to an already registered or pending trademark, it may confuse or mislead the public.
4. Prior Use of the Mark
If the opponent has been using a similar or identical mark before the applicant, they can oppose the new application based on prior use rights.
2. Lack of Distinctiveness
A trademark must be capable of distinguishing the goods/services of one party from another. If the mark is generic, descriptive, or lacks uniqueness, opposition can be filed.
5. Descriptive or Misleading Marks
Marks that directly describe the goods/services or mislead consumers about their nature, quality, or geographic origin can be opposed.
3. Trademark Filed in Bad Faith
If it appears that the trademark applicant has filed the application with dishonest intent or to misuse another party's brand reputation, opposition is valid.
6. Offensive or Prohibited Marks
Trademarks that contain offensive language, symbols, or are prohibited under the Emblems and Names Act may be opposed.
Online Registration
File Trademark Opposition in 3 Simple Steps
1. Quick & Easy Submission
Complete our short online questionnaire in under 10 minutes
Upload all the necessary documents securely
Make payment through our secured payment gateway
2. Expert Legal Assistance
Dedicated Relationship Manager assigned to your case
Consultation with trademark experts regarding grounds of opposition
Submit Application Number and Trademark Registration Certificate (if available)
We handle drafting and filing of the opposition application
3. TM Opposition Application Filed
Entire process takes just 15–20 working days*
*Subject to government processing timelines
Trademark Opposition Process
Day 1–2: Information Collection
Initial consultation and document collection
Review of trademark details and opposition grounds
Day 3–7: Application Drafting
Experienced trademark attorneys draft the Opposition (Form TM-O)
Legal vetting of supporting documents and arguments
Day 8–9: Submission
Online filing of the Opposition with the Trademark Registry
Acknowledgment receipt shared with the applicant
Frequently Asked Questions
Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.
A notice of opposition is a formal document filed by any person who believes that the registration of a particular trademark could harm their existing brand or goodwill. It is the first step to legally oppose the registration of a conflicting or similar trademark.
A trademark opposition must be filed within 3 months from the date the mark is published in the Trade Marks Journal. This period is extendable by 1 month (total of 4 months) if a request for extension is submitted with valid reasons.
Any individual, company, or entity—whether or not they are registered trademark owners—can file a notice of opposition if they believe the new trademark is similar, identical, or could potentially mislead consumers or damage their existing brand identity.
Yes. Under common law rights such as "passing off", an individual or company using an unregistered mark in commerce can still oppose a new application, provided they can prove prior use and the goodwill attached to their mark.
Once the notice is filed, the Trademark Registry sends a copy to the applicant (whose mark is being opposed). The applicant has 2 months to respond with a counter-statement. If they fail to do so, the application may be deemed abandoned. If responded, the matter proceeds to evidence and hearing stages.
The opponent must prove that the mark they are using has acquired distinctiveness, and the new mark could mislead or confuse the public. They must establish that their brand reputation would be harmed by the registration of the opposed trademark.