Trademark Opposition in India
Defend or Challenge a Trademark Legally — Expert Assistance by TaxClue
Once your trademark is accepted and published in the Trademark Journal, it enters a public period where any person can oppose its registration. This is called Trademark Opposition.
Trademark opposition is a legal proceeding filed before the Registrar of Trademarks when someone believes your mark is identical, similar, or likely to cause confusion with their existing brand.
At TaxClue, we assist both applicants (who receive opposition) and opponents (who wish to challenge another mark), ensuring full legal compliance and professional representation throughout the process.
What is Trademark Opposition?
Trademark opposition is the final stage before registration, where third parties are given a chance to object to a mark’s registration after it’s published in the Journal.
Any individual, company, or entity who believes a trademark is similar or infringes upon their brand can file opposition within 4 months from the date of publication.
The process is governed by Sections 21 to 23 of the Trade Marks Act, 1999 and Rules 42–51 of the Trade Marks Rules, 2017.
Key Differences: Objection vs. Opposition
Trademark Objection
- Raised by - Trademark Examiner (Registry)
- Stage - Before publication in Journal
- Nature - Administrative review
- Reply filed by - Applicant
- Reply filed by - Trademark Registry
Trademark Opposition
- Raised by - Third party (any person)
- Stage - After publication in Journal
- Nature - Legal dispute
- Reply filed by - Applicant (defending opposition)
- Reply filed by - Registrar of Trademarks
Timeline of Trademark Opposition Process
- Filing of Opposition - Within 4 months of Journal publication
- Counter-statement by Applicant -Within 2 months of notice
- Evidence Submission - 3–6 months (varies)
- Hearing & Decision - 6–12 months (average)
- Total Duration -1–2 years (depending on case complexity)
Outcomes of Trademark Opposition
- Opposition Upheld -Trademark application refused.
- Opposition Dismissed -Trademark proceeds to registration.
- Partially Allowed - Limited goods/services granted protection.
- Appeal Filed - Either party may appeal before the High Court.
Step-by-Step Process
- Publication of Trademark - After examination, your mark is published in the Journal for public review.
- Filing of Opposition (Form TM–O) - An opponent can file an opposition within 4 months citing prior rights or similarity.
- Service of Notice - The Registrar serves the opposition notice to the applicant (you).
- Counter-Statement (by Applicant) - You must reply within 2 months of receiving the notice — otherwise, your application is abandoned.
- Evidence Stage - Both parties submit written statements and supporting documents like Evidence in support of opposition, Evidence in support of counter-statement, Optional rebuttal evidence
- Hearing - Both parties present arguments before the Registrar based on filed evidence.
- Decision by Registrar - The Registrar reviews all submissions and decides:
- If opposition is dismissed → Trademark proceeds to registration.
- If opposition is upheld → Application is refused.
Documents Required
For Opponent
- Notice of Opposition (Form TM-O)
- Affidavit and evidence of prior use
- Proof of registration or pending mark
- Business proof (invoices, packaging, advertising material, etc.)
- Power of Attorney
For Applicant
- Copy of Notice of Opposition
- Counter-statement (Form TM-O)
- Proof of trademark use and distinctiveness
- Supporting documents and affidavits
- Power of Attorney
Why Choose TaxClue ?
We combine expert advice with digital convenience — ensuring a smooth experience from start to finish.
End-to-End Registration Support
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One-point contact for your entire process.
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FAQ
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Who can file a trademark opposition?
Any individual, business, or entity who believes that your trademark may harm or infringe upon their existing rights.