Trademark Opposition

Protect your brand by opposing conflicting trademark applications.

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Trademark Opposition

What is Trademark Opposition?

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.

Why Oppose?

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.

Documents Required

Details of Applicant

Name, Address, Nationality, etc. of the applicant, in case the applicant is an individual.

Registration Certificate

Body Corporate/Other Categories of entities need to provide Registration Certificate

Power of Attorney

Power of Attorney allows the attorney to file the trademark opposition on your behalf.

Affidavit

Affidavit with basic information about the trademark and its user date

Proof of use

Such as invoices, receipts, registration certificates with the mark mentioned on it.

Details about Opposed Mark

Details of the published mark (in the journal) which needed to be opposed (details like – Name of the mark and grounds on which opposition should be filed)

Grounds for Applying for Opposition

If the applied trademark is similar or identical to an earlier or existing registered trademark.
If the mark is devoid of any distinctive character or is descriptive.
The trademark is likely to cause confusion or deceive the public.
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950.
If the mark contains matters that are likely to hurt religious sentiments of any class or section of people.

File Opposition in 3 Easy Steps

1
Step 01 · Register & Pay
- Select any package suits your requirement
- Fill up the form which will take less than 10 minutes
- Make payment through secure payment gateway.
2
Step 02 · We Will Help
- Your queries will be answered quickly and effectively
- Consultation regarding Trademark opposition application
- Provide details & upload documents required for filing Trademark Opposition
- Drafting of POA and User Affidavit
- Sending POA and User Affidavit to client
- Receipt of signed POA and User affidavit from Client
- Provide Application number and TM Registration Certificate (if any)
- Preparation and filing of the application
3
Step 03 · Opposition Filed
- Your Trademark opposition filed successfully
- All it takes 15 – 20 days* *Subjected to Government Processing Time

Process Timeline

1
Day 1 - 2
- Collection of Information & Docs
- Discussion on Grounds of Opposition
2
Day 3 - 6
- Drafting POA & Affidavit
- Sending for client signature
3
Day 7 - 9
- Receipt of Signed Docs
- Drafting of Final Opposition Application
4
Day 10 - 11
- Filing of Online Opposition
- *Subject to Govt Processing Time

Frequently Asked Questions

Trademark opposition is a legal process where a third party challenges a trademark application published in the journal. It must be filed within 4 months of publication.

Within 3 months from the date of advertisement in the Trademark Journal, extendable by 1 month (total 4 months).

Any person can file an opposition if they believe the registration of the mark would cause confusion, is deceptive, or hurts their rights.

Yes. Under common law rights of 'passing off', you can oppose a mark even if yours is unregistered, provided you can prove prior use and reputation.

The Registrar serves the notice to the applicant. The applicant must then file a Counter Statement within 2 months. If they fail to do so, their application is deemed abandoned.

The "Four Month" Deadline is Sacred in Trademark Opposition

In Indian Trademark law, most deadlines are flexible—except this one.

No Condonation of Delay

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.

Evidence is King (Rule 45 & 46)

Filing a "Notice of Opposition" is just the start. The real battle is the Evidence Stage.

Affidavits

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.

The Consequence of Silence

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.

The "Amicable Settlement" Route in Trademark Opposition

Opposition doesn't always mean war. In the close-knit business community of Kerala, many oppositions are resolved via settlement.

Co-Existence Agreement

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").