Trademark & IP
Trademark opposition
Once a trademark is advertised in the Trade Marks Journal, anyone can oppose it within four months, and an applicant who is opposed must file a counter-statement within two months of receiving the notice or the application is treated as abandoned. We act on either side: we file a notice of opposition against a mark that conflicts with yours, or defend your application with a counter-statement. Both are filed on Form TM-O.
- Opposing a mark, or defending your own
- Grounds built from the record and your evidence
- Form TM-O drafted and filed before the deadline
- Advice on the evidence stage that follows
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Price
Notice of opposition or counter-statement
₹7,999+ ₹1,440 GST
Filed within 7–10 working days, inside the legal deadline
- Review of the journal advertisement and the history of both marks
- Search of each side's earlier filings and use
- Notice of opposition or counter-statement drafted
- Filing on Form TM-O
- Advice on the evidence each side must file next
- Tracking of notices from the Registry
Fees are before 18% GST. The government fee for Form TM-O is paid at actuals. Evidence affidavits and the hearing are quoted separately once we've seen the other side's case.
Who needs trademark opposition
- Brand owners who've spotted a similar mark advertised in the Trade Marks Journal
- Applicants whose own mark has been opposed
- Businesses that have used an unregistered mark for years and find someone else has applied for it
- Companies watching for copycat filings in their classes
Documents you'll need
If you are opposing
- Application or journal number of the mark you're opposing
- Your trademark registration or application details
- Proof of your use, such as invoices, ads and website pages, with dates
If you are defending
- The notice of opposition served on you
- Your application number
- Proof of how and when you adopted and used the mark
From both
- Signed authorisation in our favour (we prepare it)
You upload these from your order page after you pay. Scans or clear phone photos are fine.
How it works
- 1
Check the deadline
We confirm the deadline first: four months from advertisement to oppose, or two months from receiving a notice to file a counter-statement.
- 2
Study the marks
We look at both marks, the goods and services, the dates of use and the Registry record, and tell you which grounds stand up.
- 3
Draft
We draft the notice of opposition with its grounds, or a counter-statement that answers each ground raised against you.
- 4
File
You approve and sign. We file on Form TM-O and send you the acknowledgement; the Registry serves a copy on the other side.
- 5
Evidence and hearing
Each side then files evidence by affidavit, and the Registrar hears the matter. We quote for this stage when it begins.
How an opposition runs
A notice of opposition is filed within four months of the mark being advertised in the Trade Marks Journal. The applicant then has two months from receiving it to file a counter-statement; if they don't, the application is treated as abandoned.
After that, the opponent files evidence by affidavit, the applicant files evidence in support of the application, and the opponent may file evidence in reply. The Registrar then hears both sides and decides. Oppositions often take a long time, and each stage has its own deadline, which we track for you.
Grounds for opposing a mark
The usual grounds are that the mark is identical or deceptively similar to an earlier mark for similar goods or services, that the opponent used the mark first, or that the application was made in bad faith. An opposition can also argue that the mark is descriptive or not distinctive.
Prior use counts for a great deal. A business that has used a mark for years can oppose a later application even if its own mark isn't registered, as long as it can show that use with dated evidence.
Frequently asked questions
How do I find out if someone has applied for a mark like mine?
Accepted applications are advertised in the Trade Marks Journal, which is published every week. You can search it yourself, or ask us to check the classes you trade in.
I missed the four-month window. Can I still act?
Not by opposition. Once the mark is registered, you can apply to have it removed or corrected through a rectification application, which is a separate proceeding.
What if the applicant doesn't file a counter-statement?
If no counter-statement is filed within two months of receiving the notice, the application is treated as abandoned. If you're the applicant, send the notice to us as soon as it arrives.
Does the fee cover the whole opposition?
It covers the notice of opposition or the counter-statement. Evidence affidavits and the hearing come later, sometimes much later, and we quote for them once we see the other side's case.
Can an opposition be settled?
Yes. Many end in an agreement, for example one side limits its goods or services or changes its mark, and the opposition is withdrawn. We can help draft the terms.
Who decides the opposition?
The Registrar of Trade Marks, after the evidence and a hearing. The decision can be appealed to the High Court.