Trademark Opposition in India
Has someone advertised a trademark that is too close to yours? Or has your own application been opposed? We file notices of opposition for brand owners and defend opposed applications with a counter-statement, evidence and arguments at the hearing.
Important Points to Note
- An opposition must be filed within 4 months of the mark being advertised in the Trade Marks Journal. This period cannot be extended.
- If your application is opposed, the counter-statement is due within 2 months of receiving the notice, or the application is treated as abandoned.
- Any person can oppose a trademark; you do not need a registered mark of your own.
- Opposition is governed by Section 21 of the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
How We Can Help
Filing an Opposition
For brand owners who want to stop a similar mark from being registered.
- Review the advertised mark against your rights
- Draft and file the notice of opposition with the grounds
- Prepare and file your evidence by affidavit
- File evidence in reply and argue at the hearing
Defending Your Trademark
For applicants whose trademark has been opposed.
- Review the notice of opposition and the opponent's rights
- Draft and file the counter-statement within 2 months
- Prepare and file evidence in support of your application
- Argue your case at the hearing
What Is a Trademark Opposition?
Once the Trade Marks Registry accepts an application, the mark is advertised in the Trade Marks Journal so that the public can object to it. For four months from the date of advertisement, any person can file a notice of opposition under Section 21 of the Trade Marks Act, 1999, setting out why the mark should not be registered.
If no one opposes the mark within those four months, it proceeds to registration. If it is opposed, the application is decided through a proceeding with written pleadings, evidence and a hearing. Your status on the IP India portal changes to "Opposed".
An opposition is different from an objection, which is raised by the Registry's own examiner before advertisement. If your application has been objected, see our trademark objection service.
Common Grounds of Opposition
- Similar to an earlier mark (Section 11): the mark is identical or similar to the opponent's earlier mark for the same or similar goods or services, and is likely to confuse the public.
- Prior use and passing off: the opponent has used the mark earlier, even without registration, and the applicant's use would mislead customers.
- Well-known trademark: the mark copies or takes unfair advantage of a well-known mark, even for different goods or services.
- Lack of distinctiveness or descriptiveness (Section 9): the mark is generic, descriptive or cannot distinguish the applicant's goods or services.
- Bad faith: the application was filed dishonestly, for example by a former distributor or to block a known brand.
- Deceptive or prohibited marks: the mark could mislead the public or falls under a statutory prohibition.
Trademark Opposition Process and Deadlines
An opposition moves through these stages under the Trade Marks Rules, 2017. Missing a deadline can end the case against you.
| Stage | What happens | Time limit |
|---|---|---|
| Advertisement | The accepted mark is published in the Trade Marks Journal. | Starts the 4-month opposition period. |
| Notice of opposition | Any person files a notice of opposition (Form TM-O) with the grounds. | Within 4 months of advertisement. |
| Counter-statement | The applicant answers the opposition. | Within 2 months of receiving the notice. If not filed, the application is treated as abandoned. |
| Opponent's evidence | The opponent files evidence by affidavit, or relies on the notice. | Within 2 months of receiving the counter-statement. |
| Applicant's evidence | The applicant files evidence in support of the application. | Within 2 months of receiving the opponent's evidence. |
| Evidence in reply | The opponent may file evidence strictly in reply. | Within 1 month. |
| Hearing and decision | Both sides argue before a hearing officer, who decides whether the mark proceeds to registration. | After the evidence stage. |
For a detailed walkthrough, read our guide to the trademark opposition process in India.
What We Need From You
If you want to oppose a mark
- The application number or Journal details of the mark you want to oppose
- Details of your own mark: registration or application number, or proof of when you started using it
- Evidence of use and reputation: invoices, advertisements, sales figures and online presence
If your mark has been opposed
- Your application number and the notice of opposition
- The date you received the notice, so we can track the 2-month deadline
- Evidence of your use of the mark, and a signed Power of Attorney if another agent filed your application
Trademark Opposition vs Objection vs Rectification
| Objection | Opposition | Rectification | |
|---|---|---|---|
| Raised by | The Registry's examiner | Any person | Any aggrieved person |
| When | During examination | Within 4 months of advertisement | After registration |
| Response | Reply within 30 days; hearing if needed | Counter-statement, evidence and hearing | Counter-statement, evidence and hearing |
Read more in our guide to trademark opposition vs objection.
Why Choose Law Certis for Your Opposition?
Want to catch similar marks early? Read about trademark advertisement watch. Haven't filed your own mark yet? Start with a trademark search and trademark registration.
Trademark Opposition: FAQs
About Law Certis Consulting
We have been working in the field of Intellectual Property Rights in India since 2013. Though, our office is located in Pune, Maharashtra, we have served clients from all over India and abroad.
We have successfully established our goodwill in the market even after facing competition from heavily funded organizations due to our discipline and policies which we have evolved through experience in this industry.
Please be rest assured that you are giving the work to one of the best service providers in the market.
- 3000+ Trademark registrations
- All India instant online service
- Free expert guidance and analysis
- All trademark services at one-stop
- Trademark filing in 24 hours
- Transparent pricing and service
Good Words. Good People.
Niyati Puri
Consulted for Trademark Registration, Hyderabad
My experience with Law Certis Consulting was very good, they were very helpful, and guided me through the trademark process swiftly, and Law Certis Consulting ensures good quality of work done on time which is very important.
Ramamurthy Krishna
PVT LTD Company formation, Chennai
Customer friendly, Hassle free, takes away the burden of registering company and related work. highly professional. i will recommend to any one.
Jayakanth Jagannathan
Received Trademark Registration Service, Tamil Nadu
I have done TM registration with Law Certis twice - 2017 and now. The services were exceptional and have indepth knowledge in their domain. The process was smooth and able to guide well. Keep it up guys!
Vikram
Received IPR Consultation
Any legal problems are properly guided and taken care of as personally I am very happy with their work, its prompt and upto date.
Andalbhaskar Sadaranga
Successfully Registered Copyright
I highly recommend this Law Certis Consulting for Copyright Registration. I have applied copyrights for my books in different languages. I am thoroughly impressed with their services, I thank for guiding me through the procedure from start to end. They handled all my paperwork and kept me informed every step. Thanks for your support.
Hitesh Badala
Trademark Registration, Udaipur
We are very happy with the service we received