Opposition, Counter Statement, and Rectification in Intellectual Property Rights (IPR) in India

1. Opposition in IPR

Opposition means to oppose the registration of an IPR (like a Trademark, Patent, or Copyright) before it gets actually registered by a third party.

A. Opposition in Trademark

• When can Opposition be filed?
  • After the advertisement/publication of a Trademark in the Trademark Journal.
  • Within 4 months from the date of publication.
• Who can file?
  • Any person (Natural Person, Business Entity, or Competitor) who believes the mark should not be registered.
• Form No.: TM-O
• Fees:
  • ₹3,000 (Individual/Startup/Small Enterprise)
  • ₹6,000 (Others)

B. Opposition in Patent

• When can Opposition be filed?
  • Pre-grant Opposition: Before grant of Patent (i.e. after publication but before grant).
  • Post-grant Opposition: Within 12 months after publication of grant.
• Who can file? Any person (Individual, Company, or Third Party).
• Form No.:
  • Pre-grant: No specific form (Just a written representation).
  • Post-grant: Form 7.
• Fees:
  • ₹2,400 (Natural person/startup)
  • ₹12,000 (Others)

C. Opposition in Copyright

Since registration is not compulsory in India, there is no official opposition in copyright; however, objections can be filed before registration in certain cases (like Design Copyright).

2. Counter Statement (Reply to Opposition)

If the opposition is initiated, the applicant must file a Counter Statement in defense of the application.

• Timeline:
  • The Counter Statement shall be filed within two months from the date of receipt of the Opposition Notice.
  • Failing which, the application shall stand ‘Abandoned’.
• Who can file? The original applicant only.
• Form No.: TM-O (same as for Opposition)
• Fees: No fees (No government fee)

3. Rectification (Cancellation of Trademark Registration)

Rectification is the filing of an application to cancel or change an already registered trademark.

• When can it be filed?
  • If the trademark was incorrectly registered.
  • If the trademark has not been used for five years.
  • If the trademark was registered in bad faith or on misrepresentation.
• Who can file? Any aggrieved person (competitor or any third party).
• Form No.: TM-O
• Fees:
  • ₹3,000 (Individual/Startup/Small Enterprise)
  • ₹6,000 (Others)

Summary

Important Notes

• Trademark Opposition is always prior to registration.
• Rectification is a post-registration remedy.
• Counter Statement is mandatory in the case of an Opposition; otherwise, the application will be considered abandoned.