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Trademark Opposition in India
Protecting Your Rights Before a Trademark Is Registered
Once a trademark application is accepted by the Registry, it enters a critical stage — publication in the Trademark Journal. For four months, the mark is open to public scrutiny. During this period, any person can file a trademark opposition if they believe the proposed mark could infringe upon existing rights or mislead consumers.
At ND Savla, we help both applicants and opposing parties navigate the trademark opposition process in India — from filing and documentation to hearings and legal representation.
What is Trademark Opposition?
Trademark opposition is a legal remedy that allows a third party to challenge a trademark application before it proceeds to final registration. It is governed under the Trademarks Act, 1999 and Trade Marks Rules, 2017.
Once a mark is published in the Trademark Journal, any person (not limited to competitors or industry members) can oppose it within 4 months of the publication date. The opposition is filed before the Registrar of Trademarks.
Who Can Oppose a Trademark?
As per Section 21 of the Trademarks Act, 1999:
Any person can file an opposition — this includes consumers, businesses, public interest groups, or competitors.
The opposing party does not need to own a prior registered trademark, but they must show valid grounds.
Even if you’re not directly impacted, you can oppose a mark that might cause public confusion or deception.
Common Grounds for Trademark Opposition
While Indian trademark law doesn’t list specific grounds, common reasons for filing opposition include:
| Ground | Explanation |
|---|---|
| Similar or identical to an existing trademark | Causes confusion in the market |
| Lacks distinctiveness | Too generic or descriptive |
| Applied with bad faith | Intention to deceive or copy an existing brand |
| Descriptive or common term | Cannot be claimed as exclusive |
| Misleading or deceptive | Misrepresents nature, quality, or origin |
| Contrary to law or morality | Violates existing laws or public order |
| Offensive to religious sentiments | May hurt religious feelings |
| Prohibited under the Emblems and Names Act, 1950 | Uses protected national or international symbols |
Trademark Opposition Procedure in India
Step 1: Filing a Notice of Opposition
Time Limit: Within 4 months of publication in the Trademark Journal
Form: TM-O
Fee: Prescribed fee per class
Includes details of:
Opposing party
Trademark being opposed
Grounds for opposition
Step 2: Counter-Statement by Applicant
Deadline: Within 2 months of receiving opposition notice
If not filed, the application is deemed abandoned
Filed via Form TM-O as well
Step 3: Evidence Submission (By Opponent)
Time Limit: 2 months from receipt of counter-statement
Supporting documents must be submitted to both Registrar and Applicant
Step 4: Evidence Submission (By Applicant)
Time Limit: 2 months from receiving opponent’s evidence
Step 5: Optional Rebuttal (Opponent)
Time Limit: 1 month from receipt of applicant’s evidence
Additional documents may be submitted
Step 6: Hearing and Decision
Registrar schedules a hearing
Both parties must appear or risk dismissal
Decision is based on:
Submitted evidence
Oral arguments
Legal precedents
Registrar issues a written order either:
Allowing the trademark to proceed to registration
Rejecting the application based on the Opposition
After the Registrar’s Decision
If the decision favors the applicant: Trademark gets registered, and the certificate is issued
If the decision favors the opponent: Application is rejected
In both cases, the decision can be appealed to the Intellectual Property Appellate Board or the High Court, depending on the jurisdiction.
Importance of Timely Compliance
Failure to meet any of the filing deadlines can result in:
Loss of opposition rights (if the opponent delays)
Abandonment of the trademark (if the applicant fails to respond)
Loss of legal standing to enforce or defend your brand
ND Savla ensures strict adherence to all deadlines and procedural requirements for effective representation.
Trademark Objection vs Trademark Opposition
| Feature | Trademark Objection | Trademark Opposition |
|---|---|---|
| Initiated by | Trademark Examiner | Third Party (any person) |
| Stage | Examination stage | After publication in Journal |
| Fees | No government fee | Filing fee applies |
| Timeline for reply | 1 month | 3 months (extendable by 1) |
| Impact of no reply | Mark deemed abandoned | Mark deemed abandoned |
| Legal Appeal | Possible after rejection | Possible after decision |
How ND Savla Helps You
Whether you’re defending your trademark or contesting someone else’s, our experienced legal team ensures your interests are protected.
Our Trademark Opposition Services Include:
Pre-Opposition Trademark Search
Identify conflicting or similar marks before initiating oppositionDrafting and Filing Opposition / Counter Statements
Legally sound documents, aligned with IP law and evidenceHandling All Communication with the Registry
Notices, replies, updates, hearing schedulesRepresentation in Hearings
Appear before the Registrar on your behalfStrategic Advisory
On whether to oppose, settle, or license — based on business goals
Contact ND Savla Today
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