Trademark Opposition
— Defend or File
with Confidence
Received a trademark opposition notice? You have just 2 months to file your Counter-Statement or your application is automatically abandoned. Or need to oppose a confusingly similar mark? TaxClue's TM attorneys handle both sides — completely.
Defending Opposition
I received a notice — need to reply
Filing Opposition
I want to oppose someone's mark
TM attorney calls back within ✅ 30 minutes
Received — Calling You Shortly!
Our TM attorney will call within 30 minutes.
Urgent? WhatsApp us now →
Trusted by brands who've defended and won trademark oppositions across India
How Trademark Opposition Works — Step by Step
Opposition is a formal legal proceeding before the Registrar of Trademarks. TaxClue manages every stage — from Counter-Statement filing to the final hearing.
TM Journal Publication
Accepted mark is published in the weekly Trademark Journal — starting the 4-month window for anyone to oppose.
PublishedOpposition Filed (Form TM-O)
Opponent files opposition within 4 months of publication citing prior rights, similarity, or bad faith. Registrar serves notice to applicant.
4-Month Window⏰ Counter-Statement
Applicant must file a Counter-Statement within 2 months of receiving notice. TaxClue prepares and files this immediately.
2-Month DeadlineEvidence in Support of Opposition
Opponent files affidavit + evidence of prior use, market presence, invoices, advertising within 2 months of Counter-Statement receipt.
Evidence StageEvidence in Support of Application
Applicant (your side) files affidavit + evidence of use, brand history, and distinctiveness within 2 months. TaxClue builds and files this bundle.
Your EvidenceHearing Before Registrar
Both parties present oral arguments and evidence to the Hearing Officer / Registrar. TaxClue's TM attorney represents you in person or virtually.
HearingRegistrar's Decision + Appeal
Registrar decides: Opposition dismissed (you get ®) or upheld (mark refused). Either party can appeal to the High Court within 3 months.
Decision ®What is Trademark Opposition?
Trademark opposition is a formal legal proceeding governed by Sections 21–23 of the Trade Marks Act, 1999 and Rules 42–51 of the Trade Marks Rules, 2017. After a trademark is accepted and published in the Trademark Journal, any person or entity — even without a registered trademark — has 4 months to file an opposition challenging its registration before the Registrar of Trademarks.
Unlike an examination objection (which is an internal registry review), trademark opposition is a bilateral legal dispute between the applicant and the opponent — with both parties presenting evidence and arguments before a Hearing Officer. The stakes are high: if the applicant fails to respond, the application is automatically abandoned.
Trademark Objection vs Trademark Opposition — Key Differences
| Aspect | ⚠️ Trademark Objection | 🚫 Trademark Opposition |
|---|---|---|
| Raised by | Trademark Examiner (Registry) | Any third party (individual / company) |
| When it occurs | Before publication — during examination stage | After publication in Trademark Journal |
| Nature of proceeding | Administrative review | Formal legal dispute (bilateral) |
| Response required from | Applicant only | Applicant (Counter-Statement) + both parties |
| Deadline to respond | 30 days from Examination Report | 2 months from notice — no extension |
| Evidence submitted | Usually limited to written reply | Affidavits, invoices, ads, prior use evidence |
| If not responded | Application abandoned after hearing | Application automatically abandoned |
| Decided by | Trademark Examiner / Hearing Officer | Registrar of Trademarks / Hearing Officer |
| Appeal option | Trademark Hearing | High Court within 3 months of decision |
| Typical duration | 1–6 months | 1–2 years |
TaxClue Assists Both Sides of a Trademark Opposition
Whether you are defending your trademark application against an opposition or proactively challenging a confusingly similar mark that threatens your brand — TaxClue provides expert legal representation throughout.
🛡️ You Received an Opposition Notice
You applied for trademark registration, your mark was published in the Trademark Journal, and now a competitor or large company has filed an opposition — claiming your mark is too similar to theirs or that it infringes on their rights.
What TaxClue does for you:
- →Immediate review of the opposition notice and grounds
- →File the Counter-Statement (Form TM-O) within the mandatory 2-month window
- →Assess and gather your evidence of prior use — invoices, packaging, social media, advertisements, bank records
- →Prepare and file the Evidence in Support of Application affidavit
- →Represent you at the Trademark Hearing before the Registrar
- →File High Court Appeal if the Registrar's decision is unfavorable
- →Negotiate withdrawal of opposition if opponent is amenable
⚔️ You Want to Challenge Another's Mark
You spotted a trademark recently published in the Trademark Journal that is identical or confusingly similar to your existing registered or unregistered mark — and you want to prevent it from being registered before it harms your brand.
What TaxClue does for you:
- →Monitor the Trademark Journal for conflicting marks in your industry
- →Assess the strength of your opposition grounds — similarity analysis, prior use, bad faith
- →File the Notice of Opposition (Form TM-O) within the 4-month publication window
- →Prepare and file the Evidence in Support of Opposition affidavit with your prior use evidence
- →Represent you at the Hearing before the Registrar
- →File High Court Appeal if needed
- →Draft cease & desist / negotiated settlement if preferred over full hearing
Grounds on Which a Trademark Can Be Opposed
Under the Trade Marks Act, 1999, an opposition can be filed on various grounds. Understanding whether your case has strong legal grounds is the first thing TaxClue assesses during the free consultation.
Critical Deadlines in the Opposition Process
Trademark opposition proceedings have strict, non-extendable deadlines. Missing any deadline — especially the Counter-Statement deadline — can result in automatic loss. TaxClue ensures every deadline is met.
Mark Published in Trademark Journal
Starting PointYour trademark is published in the weekly IP India Trademark Journal after examination acceptance. This begins the 4-month window for opposition.
Opposition Filed by Third Party (Form TM-O)
Within 4 Months of PublicationOpponent files Form TM-O with the Registrar, stating grounds of opposition and paying the required fee. The Registrar serves a copy to the applicant (you) along with the notice.
⚠️ Counter-Statement MUST be Filed
Within 2 Months of Notice — No ExtensionThe applicant must file a Counter-Statement to each ground of opposition. This is the most critical deadline in the entire process — if missed, the trademark application is automatically deemed abandoned under Rule 45(2) of the Trade Marks Rules, 2017. No extension can be granted. TaxClue files the Counter-Statement immediately upon receiving the notice.
Evidence in Support of Opposition
Within 2 Months of Receiving Counter-StatementOpponent files affidavit(s) and supporting evidence — invoices, advertising material, market surveys, prior use documentation, registration certificates. Evidence filing is optional but effectively mandatory if the opponent wants to win.
Evidence in Support of Application
Within 2 Months of Opponent's EvidenceApplicant (your side) files affidavit(s) and counter-evidence — your brand history, first use date, invoices, market presence, social media, awards, press coverage. TaxClue assembles and files the strongest possible evidence bundle.
Rebuttal Evidence (Optional)
Within 1 Month of Applicant's EvidenceOpponent may file limited rebuttal evidence in response to the applicant's evidence. Applicant cannot file further evidence at this stage.
Trademark Hearing
Scheduled by Registrar — 6–12 Months Avg.Both parties present oral arguments based on the filed evidence. TaxClue's TM attorney represents you in person or virtually before the Hearing Officer / Registrar of Trademarks.
Registrar's Decision & High Court Appeal
Total: 1–2 YearsRegistrar issues written order — opposition dismissed (your mark proceeds to registration) or opposition upheld (mark refused). Either party may appeal to the relevant High Court within 3 months of the decision.
What Can Happen After a Trademark Opposition?
Opposition Upheld — Application Refused
If the Registrar finds the opposition grounds valid, the trademark application is refused and the mark cannot be registered. The applicant can appeal to the High Court within 3 months.
Opposition Dismissed — Mark Proceeds to ®
If the Registrar finds the opposition unmeritorious, it is dismissed and the trademark proceeds to registration. The applicant receives the ® Certificate. The opponent can appeal to High Court.
Partially Allowed — Limited Classes Granted
The mark may be registered for some classes/goods/services while being refused for others — a compromise outcome where both parties partially prevail.
Withdrawal / Negotiated Settlement
The opposition may be withdrawn by agreement — often through a coexistence agreement, consent letter, or negotiated modification of the mark or its class scope. TaxClue handles settlement negotiations.
Documents for Each Side of the Opposition
🛡️ For Applicant (Defending Opposition)
- Copy of Opposition Notice received from Registrar
- Your trademark application number and details
- Earliest invoices / sales records showing your use
- Packaging, labels, or product images showing mark
- Social media / website screenshots with dates
- Advertising materials — newspaper, online ads
- Awards, press coverage, or recognition records
- Power of Attorney (TaxClue prepares)
- Identity proof of applicant (PAN / Aadhaar)
⚔️ For Opponent (Filing Opposition)
- Your existing TM registration certificate(s)
- Evidence of prior use (invoices, bills, receipts)
- Advertising and marketing material (dated)
- Packaging / labels showing mark in use
- Market survey or consumer confusion evidence
- Domain registration or social media account records
- Any legal notices previously sent
- Power of Attorney (TaxClue prepares)
- Identity / entity proof of opponent
Prior use without registration still gives you rights
Under Indian trademark law, common law rights from prior use are recognised even without formal registration. You can oppose a mark based on your prior use in the market — even if you haven't filed your own trademark application. TaxClue advises on how to document and present prior use evidence effectively.
Why Choose TaxClue for Trademark Opposition?
Deadline-Focused Response
We understand the 2-month Counter-Statement deadline is absolute. TaxClue files within days of receiving your case — never close to the deadline.
Evidence Building Expertise
Strong evidence wins oppositions. TaxClue knows exactly what evidence the Registrar finds persuasive — and helps you gather and present it professionally.
Experienced Hearing Representation
Our TM attorneys have appeared before Trademark Hearing Officers across all IP India offices — Mumbai, Delhi, Chennai, Kolkata, Ahmedabad.
Negotiated Withdrawals
Sometimes the best outcome is a negotiated withdrawal or coexistence agreement — saving both parties time and cost. TaxClue handles these negotiations professionally.
High Court Appeal Support
If the Registrar's decision is unfavourable, TaxClue coordinates the High Court appeal — drafting the appeal petition and briefing advocates.
Full Transparency & Updates
You are informed at every stage — filing confirmations, hearing dates, decisions, and next steps. No surprises, no delays in communication.
Frequently Asked Questions
-
What happens if I don't file a Counter-Statement in time?+If you fail to file the Counter-Statement within the mandatory 2-month deadline from the date the opposition notice is served, your trademark application is automatically deemed abandoned under Rule 45(2) of the Trade Marks Rules, 2017. This is absolute — no extension, no excuses, no appeal against the abandonment itself. The abandoned application cannot be revived. You would need to file a fresh trademark application and restart the entire process. This is why contacting TaxClue immediately upon receiving an opposition notice is critical.
-
Can I oppose a trademark even if I haven't registered my own mark?+Yes. Indian trademark law recognises common law rights based on prior use — even without formal registration. Section 11(6) of the Trade Marks Act explicitly states that a mark shall not be registered if it would infringe prior rights of a person based on use. If you have been using your brand name or mark in commerce before the applicant, you have valid grounds to oppose — and to win — even without a registered trademark. TaxClue helps you document and present your prior use evidence effectively in the opposition proceeding.
-
How long does the entire trademark opposition process take?+The total duration of a trademark opposition in India typically ranges from 1 to 2 years from the filing of opposition to the Registrar's final decision. The individual stages: Counter-Statement (2 months) → Evidence in Support of Opposition (2 months) → Evidence in Support of Application (2 months) → Optional Rebuttal (1 month) → Hearing scheduling and conclusion (6–12 months). Cases with complex evidence, multiple witnesses, or interim applications can take longer. Either party can also appeal the Registrar's order to the High Court, which can extend the total timeline by another 1–2 years.
-
Can an opposition be withdrawn or settled out of proceedings?+Yes, and this is often the most practical and cost-efficient outcome. An opponent can withdraw their opposition at any stage by filing a request with the Registrar. Parties may reach a negotiated settlement — common mechanisms include: (1) a coexistence agreement where both parties agree to use their marks in different territories or classes, (2) a consent letter from the opponent agreeing to the applicant's registration, (3) modification of the applicant's mark or specification of goods/services to eliminate conflict, or (4) licensing arrangement. TaxClue routinely negotiates opposition withdrawals and drafts the necessary legal agreements.
-
Can I appeal the Registrar's decision in a trademark opposition?+Yes. Either party — the applicant or the opponent — may appeal the Registrar's order to the relevant High Court within 3 months from the date of the order. High Court appeals are governed by the High Court (as the Intellectual Property Appellate Board was abolished in 2021 and its functions transferred to High Courts). TaxClue coordinates High Court appeals by briefing and working with advocates specialising in IP litigation, drafting the appeal petition, and supporting the appeal process through to conclusion.
-
What is the difference between trademark opposition and trademark objection?+They are fundamentally different in who raises them, when, and what the process involves. An objection is raised by the Trademark Examiner (Registry) before publication — it is an administrative review questioning the mark's distinctiveness or conflict with existing marks. The applicant responds with a written reply and possibly a hearing. An opposition is raised by a third party after publication — it is a bilateral legal dispute with evidence, affidavits, and a formal hearing before the Registrar. Opposition is more serious, has stricter deadlines, and requires legal representation. TaxClue handles both — see the Trademark Objection service for objections.
Other Trademark & IPR Services by TaxClue
Trademark Registration
File your trademark application before someone else does — free TM search included.
Learn MoreTrademark Objection Reply
Examiner raised objections? TaxClue prepares the professional written reply with legal arguments.
Learn MoreTrademark Hearing
Object not resolved by reply? TaxClue represents you at the formal Trademark Office hearing.
Learn MoreInfringement Notice
Someone using your brand without permission? TaxClue issues a Cease & Desist Notice immediately.
Learn MoreTrademark Renewal
10-year validity nearing expiry? TaxClue files timely renewal so your ® never lapses.
Learn MoreCopyright Registration
Protect original creative works — software, books, music, artwork, and digital content.
Learn MoreOppositions Defended & Won
From startup founders defending against large corporations to established brands protecting their turf — TaxClue delivers results in trademark opposition proceedings.
A major FMCG conglomerate opposed our food brand's trademark 10 days after it was published. I panicked and called TaxClue immediately. They reviewed the notice same day, filed our Counter-Statement within the week, assembled evidence of our 4-year prior use, and represented us at the hearing. The opposition was dismissed and we received our ® certificate. TaxClue saved our brand.
We spotted a competing EdTech startup that had registered a name almost identical to ours in the TM Journal. TaxClue filed our opposition within the 4-month window, gathered our evidence, and represented us at the hearing. The Registrar upheld our opposition and the competitor's mark was refused. Their advice on presenting our 3-year market presence was decisive.
I had filed my trademark independently and received an opposition notice but had no idea what to do or that the 2-month deadline was absolute. A friend referred me to TaxClue with only 3 weeks left. They filed the Counter-Statement within days, handled all the evidence, and negotiated a coexistence agreement with the opponent — saving us from a full hearing and 18 months of proceedings. Exceptional work under pressure.
A European fashion brand filed opposition against our clothing trademark claiming similarity to their mark. TaxClue's Counter-Statement was meticulously drafted — phonetic distinction analysis, visual comparison charts, evidence of our independent brand development. After the hearing the opposition was dismissed entirely. Our ® certificate is now framed on the office wall.
We filed opposition against a fintech startup's trademark that was phonetically identical to ours in Class 36. TaxClue prepared a comprehensive evidence affidavit showing our 6-year market presence, customer invoices, and media coverage. The hearing officer found our evidence compelling and the opposition was upheld — the startup's application was refused. We avoided years of confusion in the market.
Our handmade jewellery brand's trademark was opposed in bad faith by a competitor who had clearly copied our brand and then tried to register it first. TaxClue not only filed the Counter-Statement but also filed a separate opposition against the competitor's own trademark application. Both proceedings were resolved in our favour. Using TaxClue for both sides of the dispute was the right call.
Trademark Opposition Needs Immediate Action
Whether defending your application or challenging a competitor's mark — every day matters. TaxClue's TM attorneys are ready to take over your case today.
🔒 Confidential · 4.9★ Google Rating · Deadline-Aware Service · TM Attorney Assisted