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Trademark Opposition
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When a trademark application is accepted by the Registrar, it doesn’t result in immediate registration—instead, it moves into an important stage known as publication in the Trademark Journal. This public notice phase typically lasts for four months, during which third parties have the opportunity to scrutinize the trademark and, if they find valid reasons, file a trademark opposition. Oppositions can be raised on various grounds, such as the mark being deceptively similar to an existing registered trademark, being misleading to the public, lacking distinctiveness, or violating provisions of the Trade Marks Act. While this stage is crucial for maintaining fairness and transparency in the trademark system, it can also be a challenging hurdle for applicants. At AxurTax, we provide expert legal assistance to help businesses successfully navigate the trademark opposition process in India. From drafting clear and compelling counter-statements to representing your case and responding to evidence, our team ensures your brand is protected and the registration process proceeds smoothly. With our professional support, you can defend your intellectual property confidently and effectively.
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What is Trademark Opposition?

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 it is officially registered.


As per Section 21 of the Trademarks Act, 1999, any person—whether they have a direct commercial interest or not—can oppose a trademark application. This can include existing trademark holders, consumers, competitors, or any concerned individual or organization.

Who Can File a Trademark Opposition?

  • Registered trademark owners
  • Business competitors
  • Members of the public
  • Anyone who believes the trademark could cause confusion or harm
Common Grounds for Trademark Opposition

Although the Trademarks Act doesn’t define specific grounds for opposition, here are the most common reasons:

  • The trademark is identical or deceptively similar to an existing registered trademark
  • It lacks distinctiveness
  • The mark is descriptive or generic
  • The application is filed in bad faith
  • The trademark may deceive or confuse the public
  • It violates laws or contains offensive or prohibited content
  • It is restricted under the Emblems and Names Act, 1950
  • It could hurt the religious sentiments of a section of the population
Trademark Opposition Process in India

Here's a step-by-step overview of how trademark opposition works:

1. Filing a Notice of Opposition


A trademark opposition must be filed within four months of the trademark's publication in the journal using Form TM-O, along with the prescribed government fee.

The notice must include:

  • Details of the opposed trademark
  • Details of the opposing party
  • Grounds and reasoning for the opposition

2. Counterstatement by the Applicant


Once the opposition is filed, the Registrar serves a copy to the trademark applicant, who must file a counterstatement within two months using Form TM-O.


Failure to respond will result in abandonment of the trademark application.

3. Evidence Submission

  • Opponent’s Evidence: Must be submitted within two months of receiving the counterstatement.
  • Applicant’s Evidence: Must be filed within the next two months.
  • Rejoinder (optional): The opponent may submit additional evidence within one month, if necessary.


All evidence must be submitted to both the Registrar and the opposing party.

4. Hearing


Once evidence is exchanged, the Registrar schedules a trademark opposition hearing and notifies both parties.

  • If the opponent fails to appear, the opposition is dismissed.
  • If the applicant is absent, the trademark application is rejected.


After hearing both sides, the Registrar delivers a written decision.

5. Final Outcome


  • If the applicant wins, the trademark is registered and the certificate is issued.
  • If the opposition succeeds, the trademark application is rejected.
Importance of Timely Compliance

Timely submission of forms and documents is crucial:

  • Missing deadlines can result in abandonment of opposition or application.
  • Parties may lose their right to defend or oppose a mark due to procedural lapses.
Trademark Objection vs. Trademark Opposition: Key Differences
How AxurTax Can Help You with Trademark Opposition

At AxurTax, we provide end-to-end support throughout the trademark opposition process in India:


✅ Expert Legal Advice – Our team ensures your trademark strategy is compliant and well-defended.  

✅ Trademark Search – We conduct in-depth research to identify potential conflicts before you apply.  

✅ Drafting & Filing – From opposition notices to counterstatements, we prepare and file all documents on your behalf.  

✅ Hearing Support – We represent you during opposition hearings to maximize your chances of success.  

✅ Regular Updates – Stay informed about your case status and important deadlines.


Conclusion

The trademark opposition process in India plays a vital role in ensuring that only unique and lawful trademarks receive registration. If you're facing an opposition or planning to file one, don't go through it alone. Partner with AxurTax for professional guidance, reliable representation, and complete peace of mind.


📞 Get in touch today to speak with our experts and protect your brand with confidence!