Updated on April 05, 2025 04:35:20 PM
In India, the opposition process is an integral part of the system of trademark registration aimed at protecting the integrity of brands and averting consumer confusion. Once a trademark application has been scrutinized and found suitable by the Registrar, it is advertised in the Trademark Journal, providing a four-month period within which anyone or any entity can oppose its registration.
Opposition can be on different grounds, i.e., the mark is identical or deceptively similar to a prior mark, is not distinctive, is descriptive, or has been sought to be registered in bad faith. The process starts with the filing of Notice of Opposition, followed by the applicant's Counter-Statement, and then there are the different stages of evidence filing by both parties. There is a subsequent hearing following which the Registrar determines whether or not to register the trademark and sustain the opposition. This opposition system not only defends the rights of already established trademark holders but also safeguards that new trademarks coming into the market do not cause confusion to consumers or weaken developed brand recognition. By open public participation in the registration of trademark, it provides a balanced and competitive market, which ensures trust and transparency among consumers and businesses alike.
Trademark Opposition Notice [Sample]
Trademarks in India are subject to a systematic registration procedure under the Trademarks Act, 1999. In order to have their applications reviewed and published in the Trademark Journal, trademark owners must submit them to the Registrar of Trademarks. If third parties feel that a trademark violates their rights or does not adhere to legal requirements, they have the right to file a trademark opposition once it is listed. A trademark opposition is a formal legal procedure that allows individuals or businesses to challenge a trademark application before it is officially registered. The opposition must be filed with the Trademark Registry where the original application was submitted. In the event of an opposition, the Trademark Registry conducts a trademark opposition hearing to assess the claims and determine the outcome.
The provisions outlined in the Trademarks Act, 1999, and the Trade Marks Rules, 2017 govern the entire trademark opposition procedure in India. A fair trademark registration system and the protection of intellectual property rights depend on an understanding of this procedure.
Anyone can file opposition against a trademark, provided they are aware of the grounds on which trademark opposition can be raised. Trademark opposition can be filed on various grounds, and the following documents are required to initiate the process:
To oppose a trademark, you must file a notice within four months of its advertisement in the Trademark Journal. Any individual or business can do this by submitting Form TM-O with a fee of ₹2,700. Here are the key details required for a trademark opposition.
Opposing a trademark in India requires filing specific forms and paying the necessary fees. Here’s a quick overview of the costs involved.
| Stages | Form | Government Fees | Deadline | Additional Notes |
|---|---|---|---|---|
| Filing a Notice of Opposition | TM-O | ₹2,500 | Within 4 months from the date of advertisement in the Trade Marks Journal | An extension can be requested using Form TM-44 with a fee of ₹500. |
| Filing a Counter-Statement | TM-O | ₹2,700 | Within 2 months of receiving the Notice of Opposition | Failure to file within this period results in the application being deemed abandoned. |
| Filing an Interlocutory Petition | N/A | ₹2,500 | As directed during the proceedings | Applicable when further evidence is required. |
| Requesting an Extension of Time | TM-56 | ₹500 | As needed | Valid reasons must be provided for the extension. |
| Notifying Appearance for Hearing | TM-7 | ₹500 | As scheduled | Parties must notify their intent to appear. |
| Requesting Adjournment of Hearing | TM-56 | ₹500 | Before the scheduled hearing | Genuine reasons must be provided for adjournment. |
Note: Trademark opposition fees are fixed, but legal consultation and documentation costs range from ₹10,000 to ₹30,000, depending on case complexity. Hiring an expert ensures a strong defense and increases approval chances.
Trademark opposition plays a crucial role in protecting your brand, preventing legal conflicts, and strengthening intellectual property rights. Here’s why it’s crucial for keeping your brand safe and strong.
The Indian trademark law does not provide any specific grounds of trademark opposition. Anyone can file opposition against a trademark, there are various reasons a trademark opposition in India in may be opposed mentioned below:
It is advisable to seek help of legal experts for drafting and filing Counter-statement for Trademark Opposition. Our legal experts at Professional Utilities can help you with reply to Trademark Opposition.
As per Section 21 in The Trade Marks Act, 1999, “Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on an application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar, of opposition to the registration.”
In simple terms, anyone may file opposition for the trademark if they find that trademark in anyhow manner similar to their trademark or believes that the trademark should not be registered on any other valid legal ground. If more than one person has the same issue against the particular trademark, they can collectively take part against that particular trademark registration. For example, if someone applies for trademarking the word “DELHI”, a collective opposition could be raised against the trademark registration from various individuals, groups, societies, etc.
Trademark opposition in India plays a critical role towards providing a fair marketplace that helps with the registration of authentic trademarks in India. Through the process, organizations and individuals are able to stop potential confusing marks from registration, prevent unauthorized usage of their brand names, and stopping others from infringing trademarks. Through the process, the marketplace remains competitive since it discourages fake and deceptive trademarks from gaining official authorization. To be able to effectively oppose a trademark, the necessary legal process must be followed, deadlines must be met, and concrete proof must be provided for the claim.
During the initial 4 months following trademark publication in the trademark journal, any person can submit an opposition notice to the Registrar. The registration opposition process begins by submitting Form TM-O together with payment of the necessary fee.
A notice of opposition requires attendees to provide key information including trademark application number, details of the opposing party and explicit reasons behind their opposition to the trademark. The main factors that lead to opposition against a trademark registration are its resemblance to other marks in use and its insufficient distinctiveness together with its potential to create public confusion.
After the notice gets filed at the Registrar, they will deliver a landscape notification to the trademark applicant about the opposition proceedings. Trademark applicants obtain the chance to produce a defense response after receiving notice
Trademark opposition is a crucial process to protect brand identity and prevent conflicts. Understanding the grounds, documentation, and legal steps ensures a strong case. Given the complexities involved, seeking expert guidance can help navigate the process smoothly and increase the chances of a successful outcome.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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In India, each class of trademark opposition costs ₹2,700. This charge is for using Form TM-O to file a Notice of Opposition.
After a trademark opposition, both parties present evidence, followed by a hearing, after which the registrar decides whether to approve or reject the trademark.
A trademark opposition reply is the applicant's response to a trademark opposition, defending their registration within the specified deadline.
The grounds for opposition to a trademark include similarity to an existing mark, lack of distinctiveness, deceptive or misleading nature, bad faith filing, and violation of legal provisions.
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