Trademark Opposition Reply in India - Process, Fee & Benefits

Any person or entity can file a Trademark Opposition if they believe that a published trademark may harm their existing rights or violate trademark laws. This includes:

• Trademark Owners - If a new trademark is similar or identical to their registered or pending trademark.
• Business Entities - Companies or brands that may face confusion or brand dilution due to the proposed mark.
• Consumers or Public Interest Groups - If the trademark is deceptive, generic, or against public interest.
• Licensors or Franchise Owners - If the mark conflicts with their existing agreements or brand identity.

Trademark opposition provides several benefits, particularly for businesses and brand owners who want to protect their intellectual property. Here are the key advantages:

1. Prevents Brand Confusion: Opposing a trademark prevents others from using a similar mark that could confuse consumers and dilute brand identity.
2. Safeguards Brand Reputation: It helps maintain the uniqueness and credibility of a brand by blocking, misleading or deceptive trademarks.
3. Protects Market Share: By preventing competitors from registering similar marks, businesses can retain their customer base and avoid potential revenue losses.
4. Avoids Legal Disputes Later: Filing an opposition at an early stage is more cost-effective than engaging in lengthy trademark infringement lawsuits later.
5. Strengthens Trademark Rights: Opposing conflicting trademarks reinforces a company’s exclusive rights over its registered mark and prevents unauthorized usage.

To successfully defend your trademark, you must submit all essential documents required for trademark opposition to support your claim and prove rightful ownership.

The process of filing a trademark opposition in India involves several key stages, as outlined below:

• Notice of TM Opposition: Must be filed within four months of publication using Form TM-O. Fees: INR 2700 (online) or INR 3000 (physically). It includes trademark details, opposing party information, and grounds for opposition.
• Counter-statement by the Applicant: The applicant must respond within two months using Form TM-O. Failure to do so results in the abandonment of the trademark application.
• Evidence Submission: The opposing party submits evidence first, followed by the applicant. Additional evidence may be submitted if necessary. This process helps strengthen each party’s claim.
• Hearing and Decision: The Registrar schedules a hearing after evidence submission. Based on arguments and proof, a decision is made regarding the trademark registration.

The cost of replying to a trademark opposition varies based on legal complexity, attorney fees, and government charges. A strong response increases your chances of success.

The fees are given as follows:

• For offline filing : ₹3,000 per class opposed or counterstatement filed.
• For online filing : ₹2,700 per class opposed or counterstatement filed.This means if you are opposing or rectifying multiple trademark classes, the fee will be charged for each class separately.

Anyone can file trademark opposition against a similar mark, but they should know the grounds on which trademark opposition can be raised. There are several grounds on which trademark Opposition can be filed:

• If the trademark is similar or identical to an earlier or existing registered trademark
• If the mark is devoid of distinctive character
• If the mark is descriptive in nature
• If the application for the trademark is made with bad faith
• If the mark is customary in the current language or the established practices of business
• If the trademark is likely to deceive the public or cause confusion
• If the mark is contrary to the law or is prevented by law
• If the trademark is prohibited under the Emblem and Names Act, 1950
• If the mark contains matters that are likely to hurt religious feelings of any class or section of people

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.

Trademark opposition is an important legal procedure that acts as a safeguard by which a third party can dispute a trademark’s registration. If denied, then the applicant is allowed to file a counter-statement on his or her part in the defense of their rights within two months. Legal arguments and supporting documents are relevant that increase the probability of getting registered after responding strongly to the refusal. This entails the presentation of evidence, hearings, and the last determination by the registrar. Quick response and helpful advice in the process of defense is very crucial. Opposition to trademarks helps safeguard the brand and prevent confusion and was formulated to reinforce the market position. Professional help is the right way to understand all the peculiarities of the opposition process and avoid potential mistakes.