Trademark Opposition
Filing & Defense

Protect your brand from competitors. Whether you need to Defend Your Mark against an opponent or File an Opposition against a competitor's mark, our IP experts provide full legal support.

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2 Months

Reply Deadline

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High-Stakes Legal Battle to Secure Your Brand

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The deadline is strictly 2 months. Act now.

What is Opposition?

A Trademark Opposition is a formal challenge filed by a third party (a company, individual, or public member) against your trademark after it has been advertised in the Trademark Journal. It signifies a direct legal conflict over the brand name.

If you are the Applicant (receiving the opposition), you must file a counter-statement (legal defense) within two months of receiving the opposition notice, or your application will be deemed abandoned.

Key Deadlines

Applicant (Defending)


  • Counter-Statement:
    Must be filed within 2 months of receiving the Notice of Opposition.
  • Evidence Filing:
    After the counter-statement, both parties must submit evidence within a stipulated time.

Our Legal Defense Strategy

Legal Counter-Statement

We draft a robust defense (Form TM-O), addressing each ground of opposition with strong legal arguments and case law.

Evidence Management

We prepare and file your 'Evidence of Use' (Affidavits, Invoices, Marketing Material) to prove your right to the mark.

Hearing Management

Our lawyers represent you before the Trademark Hearing Officer to argue the case for your mark's registration.

Timeline - Defense Side

What happens after you receive the Opposition Notice:

1

Counter-Statement

File Form TM-O (Reply to Opposition) within 2 months.

2

Evidence (Applicant)

File evidence in support of application (Affidavits of Use) within 2 months.

3

Evidence (Opponent)

Opponent gets a chance to file evidence in rebuttal (1 month).

Hearing & Decision

A Hearing is scheduled. The Officer rules in favor of one party.

Filing an Opposition

If you want to oppose a competitor's mark, the process is:

Monitoring: Track published marks in the Journal.
Deadline: File opposition within 4 months of Journal publication.
Filing: Submission of Notice of Opposition (Form TM-O).
Govt Fee: ₹2,700 per class (E-Filing).
Next Step: The Applicant files a counter-statement.

Frequently Asked Questions

The Opposition process is lengthy, typically taking anywhere from 12 to 24 months to conclude, especially if it proceeds to a formal Hearing.
If the Registrar is not satisfied with the written submissions, they will schedule a physical/virtual Hearing. Our legal team will prepare and represent you fully at this hearing.
Yes, absolutely. You can continue to use the 'TM' symbol because your trademark is currently filed and pending registration. You can only use the '®' symbol after the opposition is resolved in your favor and the certificate is issued.

Legal Defense is Non-Negotiable

Protect your brand's future by defending against all oppositions.

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