Trademark Opposition
Handle trademark opposition proceedings with expert legal representation, evidence preparation, and hearing advocacy.
What is Trademark Opposition?
Trademark opposition is a legal proceeding where any third party can challenge a trademark application after it has been published in the Trade Marks Journal but before registration. The opposition must be filed within 4 months of publication, and it allows interested parties to prevent registration of marks that may conflict with their existing rights or interests.
Opposition Grounds
- • Similarity: Confusingly similar to existing marks
- • Bad Faith: Fraudulent or dishonest filing
- • Prior Rights: Earlier use or registration
- • Misleading Mark: Deceptive or offensive content
- • Well-known Mark: Conflicts with famous brands
- • Generic Terms: Common words in trade
Opposition Timeline
- • Publication: Mark published in TM Journal
- • Opposition Window: 4 months from publication
- • Notice Period: 30 days for opponent's evidence
- • Counter-statement: 30 days for applicant reply
- • Evidence Stage: 3 months each party
- • Hearing & Decision: 3-12 months
Opposition Process
1
📋 File Opposition Notice
Submit Notice of Opposition within 4 months of trademark publication in the Trade Marks Journal.
- • File Form TM-O with grounds of opposition
- • Pay prescribed government fees
- • State clear reasons for opposition
- • Provide opponent's details and interest
2
📤 Send Notice to Applicant
Registry serves copy of opposition notice to the trademark applicant for their response.
- • Copy sent to applicant's address
- • 30 days time for counter-statement
- • Option to amend application
- • Opportunity for settlement
3
📝 Counter-Statement Filing
Applicant files counter-statement defending their application against opposition grounds.
- • Address each ground of opposition
- • Provide legal and factual defense
- • Challenge opponent's locus standi
- • Counter-claim if applicable
4
📊 Evidence Stage
Both parties submit evidence supporting their respective positions in the opposition.
- • Opponent's evidence (3 months)
- • Applicant's evidence (3 months)
- • Opponent's evidence in reply (1 month)
- • Affidavits and documentary evidence
5
⚖️ Hearing & Decision
Registry conducts hearing and decides whether to allow or refuse the trademark application.
- • Oral hearing before Assistant Registrar
- • Both parties present arguments
- • Registry evaluates evidence and law
- • Final decision: Allow or refuse registration
Grounds for Opposition
🚫 Absolute Grounds
Inherent Issues:
- • Lack of distinctive character
- • Descriptive of goods/services
- • Generic or common terms
- • Customary language usage
- • Deceptive or misleading nature
Prohibited Content:
- • Offensive or scandalous marks
- • Religious sentiments violation
- • National emblems misuse
- • Geographical indications
- • Chemical substances names
⚖️ Relative Grounds
Prior Rights Conflicts:
- • Identical to earlier trademark
- • Confusingly similar marks
- • Same class of goods/services
- • Related goods likelihood of confusion
- • Well-known trademark dilution
Other Rights:
- • Copyright infringement
- • Design rights violation
- • Personality rights
- • Trade name conflicts
- • Domain name disputes
💼 Bad Faith Grounds
Fraudulent Filing:
- • Knowledge of opponent's prior use
- • Dishonest adoption
- • Agent/distributor betrayal
- • Squatting on famous marks
- • Intentional copying
Commercial Dishonesty:
- • Passing off attempts
- • Unfair competition
- • Consumer deception
- • Market confusion creation
- • Goodwill misappropriation
Defense Strategies
🛡️ Strong Defense Arguments
- • No Similarity: Marks are clearly distinguishable
- • Different Classes: Goods/services in unrelated categories
- • Honest Adoption: Independent creation without copying
- • Prior Use: Applicant's earlier use than opponent
- • Locus Standi: Opponent lacks standing to oppose
- • Co-existence: Marks can peacefully co-exist
- • Acquiescence: Opponent's delay in objection
📊 Supporting Evidence
- • Usage Evidence: Sales, marketing, advertising materials
- • Market Recognition: Customer surveys, testimonials
- • Media Coverage: Press coverage, industry recognition
- • Distinctiveness: Acquired secondary meaning proof
- • Co-existence: Peaceful use without confusion
- • International Use: Global recognition and registration
- • Investment Evidence: Substantial promotional expenses
Required Documents
📋 Opposition Documents
- • Notice of Opposition (Form TM-O)
- • Statement of grounds and particulars
- • Evidence of opponent's prior rights
- • Power of attorney (if filed by agent)
- • Proof of interest/locus standi
- • Registration certificates of earlier marks
- • Evidence of use and reputation
✅ Counter-Statement Documents
- • Counter-statement defending application
- • Evidence of applicant's prior use
- • Proof of honest adoption
- • Sales and marketing evidence
- • Customer recognition proof
- • International registration certificates
- • Expert opinions on distinctiveness
Timeline & Costs
⏰ Opposition Timeline
- • Opposition Filing: Within 4 months of publication
- • Counter-statement: 30 days from notice
- • Evidence Stage: 6-7 months total
- • Hearing Preparation: 1-2 months
- • Hearing & Decision: 3-12 months
- • Total Duration: 12-24 months
💰 Opposition Costs
- • Filing Fee: ₹2,500
- • Legal Fees: ₹50,000-₹3,00,000
- • Evidence Preparation: ₹25,000-₹1,00,000
- • Hearing Representation: ₹25,000-₹1,50,000
- • Expert Witnesses: ₹20,000-₹1,00,000
- • Total Investment: ₹1,25,000-₹7,50,000
Trademark Opposition Assistance
Protect your trademark rights or defend against opposition with expert legal representation and strategic advocacy.
4 Months
Opposition Window
12-24 M
Full Process
₹1.25L+
Legal Investment
Opposition Support
Expert Advocacy
Legal Strategy