Trademark Opposition
- ✔ Protects your brand from conflicting or similar trademarks
- ✔ Ensures your exclusive brand identity remains secure
- ✔ Helps prevent misuse or dilution of your brand
- ✔ Strong legal support during opposition proceedings
- ✔ Expert drafting of counter-statements and evidence
- ✔ Professional representation during hearings
- ✔ Reduces chances of trademark rejection due to opposition
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Overview
What is Trademark Opposition?
Trademark Opposition is a legal challenge raised by a third party when they believe your trademark is too similar to theirs or may cause confusion.
It occurs after your mark is published in the Trademark Journal but before registration.
When Does Opposition Occur?
Opposition happens after the trademark is accepted by the examiner and published in the Journal.
Anyone who has a conflict or concern can raise an opposition within 4 months of publication.
Who Can File an Opposition?
- Competitors
- Owners of similar registered trademarks
- Businesses using similar unregistered marks
- Any person or entity claiming prior use
- Any member of the general public
Trademark law allows any person aggrieved to oppose your mark.
Why Trademark Opposition Happens
Common reasons include:
- Similar or identical brand name/logo
- Likelihood of confusion among consumers
- Opponent claims prior use
- Brand is descriptive or generic
- Brand violates trademark rules
- Bad faith or dishonest intention
- Similarity in sound, meaning, or appearance
- Conflicts with well-known trademarks
Grounds for Trademark Opposition
A trademark may be opposed if:
- It is similar or identical to an existing mark
- It may confuse or deceive consumers
- Opponent has prior usage
- Mark is descriptive, generic, or common
- Mark is misleading, offensive, or contrary to law
- Application filed with bad faith
- Mark is identical to a well-known trademark
- Mark creates false connection with a business, locality, or person
Process of Trademark Opposition
Notice of Opposition
The opponent files a notice explaining why your trademark should not be registered.
This is the first and most crucial stage.
Filing of Counter-Statement
You (the applicant) must submit a Counter-Statement within 2 months of receiving the notice.
Failure to file → Your trademark application is automatically abandoned.
The counter-statement includes your defence against the claims.
Evidence Submission by Opponent
After your counter-statement, the opponent may file evidence such as:
- Proof of prior use
- Advertisements
- Sales invoices
- Industry recognition
This evidence strengthens their claim.
Evidence Submission by Applicant
You can now submit your own evidence to support your trademark, such as:
- Proof of usage
- Website screenshots
- Invoices and receipts
- Marketing materials
- Brand recognition documents
This helps establish your rightful claim.
Hearing at Trademark Registry
If required, both parties present their arguments before the Trademark Officer.
Legal representation is highly recommended at this stage.
Final Decision
After reviewing submissions and hearings, the officer will decide:
- Trademark Accepted (opposition dismissed)
- Trademark Rejected (opposition successful)
If accepted, your trademark proceeds to registration.
Validity
Consequences
| If You Don’t Respond to Opposition: | If Opposition Is Successful: | If Opposition Fails: |
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Documents Required
- 1Identity proof (Aadhaar/PAN)
- 2Details of your registered or unregistered trademark
- 3Proof of prior usage:
- 4Invoices
- 5Website screenshots
- 6Advertisements
- 7Packaging
- 8Business registration documents (if applicable)
- 9Authorization letter (if filing through agent)
- 1Trademark Application Number
- 2Notice of Opposition copy
- 3Evidence of brand usage:
- 4Print ads
- 5Social media proofs
- 6Invoices
- 7Website data
- 8Business registration documents
- 9Authorization letter for agent/attorney
For More Information
FAQs
Is trademark opposition the same as objection?
No. Objection is raised by the Trademark Examiner. Opposition is raised by a third party.
How long does trademark opposition take?
Can I still use my brand during opposition?
What if I miss the counter-statement deadline?
Can I win a trademark opposition case?
Can a trademark still get registered after opposition?
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