Protect your brand by opposing conflicting trademark applications.
Trademark opposition comes at the stage after the registrar has approved the trademark application and publishes it in the journal for third-party scrutiny.
Anyone who finds a valid reason (e.g., similarity to their mark, bad faith, or descriptiveness) can oppose the published trademark within 4 months from the date of publication. This legal proceeding allows you to challenge marks that might cause confusion or dilute your brand.
It is a highly effective remedy to prevent others from registering similar marks in the same class. Protect your hard-earned brand reputation by stopping confusingly similar trademarks before they get registered.
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Name, Address, and Nationality of the individual/entity opposing.
Name and application number of the mark published in the journal.
Detailed reasons why the mark should not be registered (similarity, bad faith, etc).
Authorization for our attorney to file the opposition on your behalf.
Affidavit stating basic information about your trademark and usage date.
Invoices, registration certificates, or receipts showing prior use.
Select package, fill form in 10 mins & make payment.
Consultation, Drafting POA, Affidavit & Application.
Successfully filed in 15-20 working days*.
In Indian Trademark law, most deadlines are flexible—except this one.
Once a trademark is advertised in the Journal, the public has 4 months to oppose. If you miss this window by even one day, the Registry is legally barred from accepting your opposition. We urge clients to act immediately when our Watch Service alerts them.
Filing a "Notice of Opposition" is just the start. The real battle is the Evidence Stage.
You cannot just say "I am famous." You must submit a sworn affidavit with exhibits: Annual Sales Figures (certified by CA), Advertisement expenses, and samples of old brochures/invoices.
If the opponent files evidence (Rule 45) and the applicant fails to file counter-evidence (Rule 46) within 2 months, the application is Deemed Abandoned. We have won many cases simply because the other side failed to file evidence on time.
Opposition doesn't always mean war. In the close-knit business community of Kerala, many oppositions are resolved via settlement.
Often, we negotiate a deal where both parties agree to use the name but restrict themselves to specific territories (e.g., "You use it only in Malabar region, I use it in Travancore") or specific goods (e.g., "You sell Rice, I sell Curry Powder").
Once terms are signed, we file a request to withdraw the opposition, and the registration proceeds smoothly. This saves years of legal fees.
