Trademark Opposition

Defend or Oppose with Expert Legal Support

Trademark opposition is a critical phase in the trademark registration process where any third party can challenge the acceptance of a trademark application. If a trademark is published in the Trademark Journal and someone believes it conflicts with their existing mark, they have the legal right to oppose it within a prescribed period. At Ruchita Dang & Associates, our team of trademark professionals and legal experts guide you through the entire opposition process—whether you're filing an opposition or defending your trademark against one.

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What is Trademark Opposition?

Once your trademark application is examined and accepted, it is published in the Trademark Journal for public review. If any person or company believes your trademark may harm their existing trademark rights or brand reputation, they can file a Trademark Opposition within 4 months of the journal publication. Similarly, if you notice a conflicting or similar trademark published, you also have the right to oppose it by submitting a formal opposition.

Grounds for Trademark Opposition

A trademark can be opposed on various grounds, such as:

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Trademark Opposition Process in India

Documents Required for Trademark Opposition

Step 1

Details of the Opposed Trademark
(Application Number, Class, etc.)

Step 2

Grounds for Opposition

Step 3

Power of Attorney
(if filed via legal representatives)

Step 4

Proof of prior trademark rights or usage
(if applicable)

Step 4

Supporting documents and evidence

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Frequently Asked Questions

An objection means the Trademark Registry has raised concerns about your application, often due to similarity with existing marks, lack of distinctiveness, or technical errors. It’s not a rejection—just a request for clarification or correction.

Yes. If you respond to the objection within the stipulated time (usually 30 days) with a valid explanation, your application can proceed toward registration.

 

An opposition must be filed within 4 months from the date of publication of the trademark in the Trademark Journal.

 

A trademark can be opposed on several grounds, including:

  • Similarity to an existing registered trademark

  • Use of deceptive or misleading elements

  • Violation of the opponent’s prior usage rights

  • Trademark is generic, descriptive, or offensive

 

The opposition process involves:

  • Filing a Notice of Opposition

  • The applicant filing a Counter-Statement

  • Both parties submitting evidence

  • Hearing before the Registrar

  • Final decision by the Registrar

If the applicant fails to file a counter-statement within 2 months, the trademark application is deemed abandoned.

While it is possible, trademark opposition is a legal process that involves strict deadlines and procedural compliance. It’s highly recommended to consult with legal professionals for accuracy and effective representation.

 

If the opposition is successful, the opposed trademark will not be registered, thereby protecting your brand or rights.

 

No, once the 4-month window closes, you lose the opportunity to oppose unless exceptional grounds are raised through rectification or cancellation proceedings later.

 

Our expert team assists in drafting notices, compiling evidence, handling hearings, and ensuring full compliance with the trademark registry—maximizing your chances of success.

 

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