Trademark Opposition
Stop a conflicting trademark from being registered, or defend your own published mark against a third-party opposition. We handle notice filing, counter-statements, evidence rounds and hearing representation through to final order.
Starting at ₹6,999**Professional fee only — government fees for opposition/counter-statement filings are additional and quoted upfront before you proceed.
What Is a Trademark Opposition?
Once a trademark application clears examination, it's published in the Trade Marks Journal for a 4-month window during which any third party can formally oppose its registration — typically because they believe the mark conflicts with their own, or was filed in bad faith. If you're the one opposing, you file a Notice of Opposition within that window; if your own mark is the one being opposed, you must file a counter-statement within 2 months or risk your application being deemed abandoned. Both sides then exchange evidence before the Registrar decides the matter, often after a hearing. Opposition proceedings are governed by Section 21 of the Trade Marks Act, 1999.
Who Needs This Service?
Brand owners spotting a conflicting mark — businesses that notice a similar or identical mark published in the Trademark Journal and want to stop its registration.
Applicants whose mark has been opposed — anyone who has received a Notice of Opposition against their own published trademark and must respond within the deadline.
Businesses protecting brand exclusivity — companies that regularly monitor the Trademark Journal to catch conflicting filings early.
Trademark agents managing client portfolios — professionals who need to file or defend opposition proceedings on behalf of multiple clients.
What's Included in Our Opposition Service
Notice of Opposition Filing
Filed within the statutory window after a mark is published.
Counter-Statement Drafting
If your own mark is opposed, we file a timely counter-statement.
Evidence & Affidavit Preparation
Evidence in support, evidence in reply, and rejoinder as required.
Hearing Representation
Full representation before the Registrar through to final order.
Documents Required
Published mark details or opposition notice — the Trademark Journal entry you're opposing, or the notice received against your own mark.
Your own trademark registration/application details — to establish grounds for the opposition or counter-statement.
Evidence of use or reputation — invoices, advertisements, sales figures showing your mark's prior use or goodwill, where relevant.
Power of Attorney (TM-A Form) — authorising our team to represent you before the Registrar.
How It Works
Watch & Assess
We monitor the Trademark Journal or review the mark opposing yours.
Notice/Counter-Statement
Filed within the 2-4 month statutory window as applicable.
Evidence Rounds
Evidence in support, reply and rejoinder filed as per procedure.
Hearing & Order
We represent you until the Registrar passes a final order.
Estimated Processing Time
An opposition proceeding typically takes 1-3 years from filing to final order, depending on how many evidence rounds are needed and how quickly hearings are scheduled at the relevant Trade Marks Registry. Many oppositions are settled earlier through a co-existence agreement or withdrawal, without going through a full hearing.
Common Mistakes to Avoid
Missing the 4-month window (3 months plus a 1-month extension) to file a notice of opposition after publication.
Filing an opposition without solid evidence of prior rights, use or reputation in the mark.
Not filing a timely counter-statement when defending your own published mark against an opposition.
Skipping the evidence submission stages, which weakens the case regardless of the initial pleadings.
Frequently Asked Questions
What is a trademark opposition?
A trademark opposition is a formal proceeding where a third party objects to a trademark application after it has been published in the Trade Marks Journal, on grounds such as similarity to their own mark or bad faith, and it is decided by the Registrar after both sides file evidence.
How long do I have to oppose a published mark?
Typically 4 months from the date of publication in the Trademark Journal, a deadline that generally cannot be extended.
What if my own trademark is opposed?
You must file a counter-statement within 2 months of receiving the opposition notice, or the application is deemed abandoned.
How long does an opposition proceeding take?
It can take anywhere from 1-3 years depending on evidence rounds and hearing schedules at the relevant Trade Marks Registry.
What evidence is needed in an opposition proceeding?
Both parties typically file evidence in support of their case, followed by evidence in reply from the other side, and in some cases a rejoinder, before the matter proceeds to a hearing.
Can an opposition be settled without a hearing?
Yes, parties can settle an opposition at any stage — commonly through a co-existence agreement, a change in the mark or classes, or withdrawal of the application — without proceeding to a final hearing.
What happens if I don't respond to an opposition notice?
If a counter-statement isn't filed within the 2-month deadline, the trademark application is deemed abandoned and the opposition succeeds by default.
You May Also Need
Trademark Registration
Register a new brand name, logo or slogan.
Trademark Objection Reply
Respond to an examination objection within the deadline.
Trademark Rectification
Correct or remove an entry in the Register of Trademarks.
How long do I have to oppose a published trademark?
You must file a notice of opposition within 4 months of the mark's publication in the Trademark Journal — 3 months as of right, plus a 1-month extension available on request.
What happens if the applicant doesn't file a counter-statement?
If the applicant fails to file a counter-statement within 2 months of receiving the opposition, the trademark application is deemed abandoned.