Process for Trademark Opposition
Trademark opposition is a legal procedure that allows any third party to challenge the registration of a trademark if they believe it infringes on their existing rights. In India, the opposition process is governed by the Trade Marks Act, 1999 and ensures that only valid, non-conflicting trademarks are granted protection.
Below is a step-by-step guide to the trademark opposition process:
1. Publication in the Trademark Journal
Once a trademark application passes the examination stage, it is published in the Trademark Journal for public scrutiny. This publication is an open invitation for the public to file an opposition within four months from the date of publication.
2. Filing a Notice of Opposition
If someone believes that the trademark conflicts with their rights, they can file a Notice of Opposition using Form TM-O along with the prescribed fee.
The notice should include:
Details of the opposing party
Grounds of opposition (such as similarity with an existing trademark, descriptive nature, bad faith, etc.)
3. Service of the Notice to Applicant
The Trademark Registry will serve a copy of the Notice of Opposition to the applicant of the trademark, informing them that their application has been opposed.
4. Filing of Counter-Statement
The trademark applicant must file a Counter-Statement in reply to the opposition within two months from the receipt of the notice. If they fail to respond, the application is deemed abandoned.
5. Evidence in Support of Opposition
The opponent must submit evidence supporting their opposition (or state that they rely solely on the notice) within two months of receiving the counter-statement.
6. Evidence in Support of Application
The applicant then submits their evidence defending the application within two months from receiving the opponent’s evidence.
7. Evidence in Reply (Optional)
The opponent may submit additional evidence strictly in reply to the applicant’s submissions.
8. Hearing
Both parties are given a chance to present their arguments before the Registrar of Trademarks. The Registrar will consider the submissions, evidence, and merits of the case.
9. Decision
After reviewing all facts and arguments, the Registrar will decide whether:
The trademark will proceed to registration, or
The application will be refused based on the opposition.
Why is Trademark Opposition Important?
Protects your brand from infringement
Prevents consumer confusion
Safeguards business reputation
Ensures fair marketplace competition
Need Help with Trademark Opposition?
At Hellaw IP, we provide end-to-end assistance in filing and defending trademark oppositions. Our experts handle drafting, filing, evidence preparation, and representation before the Registrar to protect your intellectual property rights.
📞 Contact us today to safeguard your brand identity.
