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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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Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

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.

What is the Process of Trademark Opposition

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.

Documents Required for Trademark Opposition

The documents required depend on whether you are filing the opposition or defending against one.

Filing Opposition

    Process of Trademark Opposition

    01

    Notice of Opposition

    The opponent files a notice explaining why your trademark should not be registered. This is the first and most crucial stage.

    02

    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.

    03

    Evidence Submission by Opponent

    After your counter-statement, the opponent may file evidence such as:

    • Proof of prior use
    • Advertisements
    • Sales invoices
    • Industry recognition
    04

    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.

    05

    Hearing at Trademark Registry

    If required, both parties present their arguments before the Trademark Officer. Legal representation is highly recommended at this stage.

    06

    Final Decision

    After reviewing submissions and hearings, the officer will decide:

    • Trademark Accepted (opposition dismissed)
    • Trademark Rejected (opposition upheld)
    • Trademark Rejected (opposition successful)

    If accepted, your trademark proceeds to registration.

    Validity / Timelines

    Opposition Filling

    Opposition can be filed within 4 months from trademark journal publication

    Counter Statement

    Counter-statement must be filed within 2 months

    Evidence

    Evidence stages take 3–6 months each

    Hearing

    Hearing may be scheduled within 6–12 months

    Final decision

    Final decision takes 12–24 months depending on case volume

    Rules And Limitations

    Rules and Limitations of Trademark Registration

    Why Trademark Opposition Happens
    • 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
    • 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

    Compliance & Consequences

    If You Don’t Respond to Opposition

    Your trademark application is abandoned
    You lose the right to the brand
    You may be forced to rebrand

    If Opposition Is Successful

    Your application is rejected
    You cannot use the ® symbol
    Opponent may send legal notices for usage

    If Opposition Fails

    Your trademark proceeds to registration
    You receive full legal rights
    You can use the ® symbol

    Frequently Asked Questions

    Is trademark opposition the same as objection?
    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?
    Who is eligible to file a trademark opposition?
    What are the common grounds for opposing a trademark?
    What are the government fees for filing an opposition?
    Can I appeal if the Registrar decides against me?

    Protect your brand identity before someone else claims it.

    Don’t leave your business vulnerable. We simplify Trademark Registration with expert CA vetting, same-day filing, and end-to-end objection handling. Secure your legal rights today.

    Secure My Trademark
    Lifetime Brand Protection
    99% Application Success
    Same-Day Filing Receipt
    Legal Objection Handling
    Expert CA Consultation
    No Hidden Legal Fees
    Valid for 10 Years
    Symbol Usage Rights (™)
    Lifetime Brand Protection
    99% Application Success
    Same-Day Filing Receipt
    Legal Objection Handling
    Expert CA Consultation
    No Hidden Legal Fees
    Valid for 10 Years
    Symbol Usage Rights (™)

    What Our Clients Say

    Discover what our satisfied clients have to say about their experience working with us

    Sandeep Reddy
    Founder, Retail Trading Business
    " ARK Advisors made our audit process smooth and stress-free. Clear checklist, timely follow-ups, and very practical guidance. "
    Anusha Sharma
    Partner, Professional Services Firm
    " Their team quickly identified compliance gaps and suggested actionable fixes. Reporting was crisp and easy for management to understand. "
    Rohit Kulkarni
    CFO, Manufacturing Unit
    " We got strong process recommendations and control improvements. The audit insights genuinely helped us reduce leakage and improve discipline. "
    Meghana Rao
    Director, Startup
    " Professional, responsive, and very transparent. They explained everything in simple terms and kept the entire process on schedule. "
    Imran Khan
    Owner, Hospitality Business
    " The team ensured our documentation was audit-ready and supported us throughout. Great experience and strong attention to detail. "

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