Complete Trademark Opposition Process in India
Trademark Opposition is a legal process where a third party challenges the registration of a trademark after it has been published in the Trademark Journal but before the registration certificate is issued. This process ensures that no similar or conflicting trademarks are registered, protecting existing trademark owners from possible infringement.
Trademark Opposition Process in India
Who Can File an Opposition?
- Any person or business can file a trademark opposition if they believe that the published trademark is:
- Identical or similar to their registered or unregistered trademark
- Likely to cause confusion among consumers
- Filed in bad faith
- Descriptive or non-distinctive
Timeframe to File an Opposition
The opposition must be filed within 4 months from the date of publication of the trademark in the Trademark Journal.
Step-by-Step Process
1. Filing Notice of Opposition
The opposing party files a Notice of Opposition (Form TM-O) with the Trademark Registry within the 4-month window.
Government Fee:
- Individuals/Startups/Small Entities: ₹2,700 (Online) | ₹3,000 (Offline)
- Companies: ₹6,000 (Online) | ₹6,600 (Offline)
2. Counter-Statement by Applicant
The trademark applicant must file a Counter-Statement within 2 months from the date of receiving the opposition notice.
If no counter-statement is filed, the application is considered abandoned.
3. Evidence Submission by Opponent
The opponent submits evidence in support of their opposition within 2 months from the counter-statement filing.
4. Evidence Submission by Applicant
The applicant then files evidence in support of their trademark within 2 months of receiving the opponent’s evidence.
5. Rebuttal Evidence by Opponent
The opponent may submit additional evidence in response to the applicant’s submission.
6. Hearing
A hearing is scheduled before the Trademark Registrar where both parties present their arguments.
Based on the evidence and arguments, the Registrar will either accept or reject the opposition.
7. Final Decision
- If the opposition is accepted: The trademark application will be refused.
- If the opposition is rejected: The trademark will proceed to registration.
Fee Structure for Trademark Opposition
| Service | Government Fee (Online) | Government Fee (Offline) | Professional Fee |
|---|---|---|---|
| Filing Notice of Opposition | ₹2,700 (Individual/Startup/Small Entities) | ₹3,000 | Varies |
| Counter-Statement | ₹2,700 (Individual/Startup/Small Entities) | ₹3,000 | Varies |
| Evidence Submission | Free | Free | Varies |
| Hearing Representation | Free | Free | Varies |
| Final Order | Free | Free | Varies |
Why Choose Us?
- Affordable & Transparent Fees
- Expert Legal Consultation
- Timely Response to Oppositions
- End-to-End Legal Assistance
- No Hidden Charges
Protect Your Trademark with Expert Legal Assistance
We ensure that your trademark remains protected with professional representation and hassle-free services from filing to the final hearing.
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