Trademark Opposition

Trademark Opposition in India – Full Guide

What is Trademark Opposition?

Trademark Opposition is a legal objection raised by a third party against the registration of a trademark published in the Trademark Journal. This ensures that similar or confusingly identical trademarks do not get registered.

Think of it as: “I object to this trademark because it’s similar to mine or may mislead consumers.”

When Can You File a Trademark Opposition?

• Opposition can be filed within 4 months from the date of publication of the trademark in the Trademark Journal.

• Anyone (individual, company, prior user, or even a competitor) can file an opposition if they believe the mark conflicts with theirs.

Grounds for Opposition (Examples):

1. The trademark is identical or deceptively similar to an existing registered mark.

2. The mark is descriptive or generic.

3. The mark was filed in bad faith or without intent to use.

4. It is likely to cause confusion among the public.

5. The mark is contrary to law or morality.

6. It may dilute the reputation of a well-known brand.

Trademark Opposition Process:

Step 1: Filing Notice of Opposition (Form TM-O)

• File online within 4 months of publication in the journal.

• Includes details of the opponent, trademark being opposed, and grounds of opposition.

• Government fee:

  • 2,700 (Individuals, Startups, MSMEs – e-filing)

  • 3,000 (Others – e-filing)

Step 2: Counter-Statement by Applicant

• The applicant must reply within 2 months using a counter-statement.

• If not filed, the trademark is abandoned.

Step 3: Evidence Submission (by both parties)

• Opponent files evidence in support of their opposition (within 2 months).

• Applicant files their evidence in reply (within 2 months).

• Optional: opponent may file rejoinder evidence.

Step 4: Hearing

• Registrar schedules a hearing and hears arguments from both sides.

• Evidence, prior usage, and good faith are examined.

Step 5: Registrar’s Decision

• Based on documents and hearing, Registrar will accept or reject the opposition.

• If opposition is successful → Trademark rejected.

• If opposition fails → Trademark registered.

Timeframe:

The entire process may take 12–24 months depending on complexity and backlog.

Consequences of Opposition:

• Trademark will not proceed to registration until opposition is resolved.

• If opposition succeeds, the mark is refused.

• If opposition fails, the mark proceeds to registration.

Why Choose SSA TAX for Trademark Opposition Services?

We assist in:

• Drafting and filing opposition notices or counter-statements

• Preparing strong legal grounds and evidence

• Representing you in hearings before Trademark Registry

• Monitoring conflicting trademark publications

• Defending your brand rights effectively

Ready to Oppose a Conflicting Trademark?

Let SSA TAX help you protect your brand identity with legal precision.
Call or WhatsApp now to file your trademark opposition on time!