Can Opposition Be Filed for a Trademark in Another Class?

Trademarks form a major part of intellectual property rights. They help customers recognise where a product or service comes from. With so many businesses using similar ideas or names, trademark classes play a large role in keeping everything organised. These classes also matter when someone wants to oppose a trademark filing. And you can only do that when you understand how trademark opposition works.

However, when it is in the same class, you can oppose it based on several distinctiveness issues. But a common question arises. Can you oppose a trademark application even if it is filed in a different class? The short answer is that you can file a trademark opposition, but only if certain conditions are met. The longer answer needs a closer look at how the law treats classes, confusion, and brand identity.

What Trademark Classes Really Do?

Trademark classes sort goods and services into proper groups. India follows the Nice Classification (NLC), which has 45 classes in total. 34 classes deal with goods. And 11 classes cover services.

When you know how to choose a trademark class, it makes the registration process easier. They tell the Registry what the mark represents, who might use it, and how far its protection may extend.

The system does more than simplify paperwork. It helps identify overlaps. For example, two marks may fall in separate classes yet still reach the same customers. In that situation, the Registry checks if the average consumer might link them by mistake. That possibility forms the core of most trademark disputes.

Want to make searching for the trademark class an easy process? Use LegalWiz’s Trademark Search Class Tool to file your application. With this, you can file your trademark in a relevant class.

Why Trademark Opposition Exists

Trademark opposition protects the marketplace from misleading or dishonest marks. Anyone who believes a new application could harm their existing rights may object.

Some usual grounds include:

• The proposed mark is too similar to an existing one
• It lacks distinctiveness
• It describes the product directly
• It was filed with dishonest intention

Most cases revolve around confusion. If the public might assume a link between two unrelated brands, the law will step in to prevent the registration.

Opposition keeps the register clean and protects customers from being misled.

If someone has filed an opposition and you want to understand your next steps, you can read more about the hearing process here: The Trademark Hearing Process: A Comprehensive Guide

Opposing a Mark in a Different Class

Now to the main issue. If another business files the same or similar name in another class, can you oppose it? Yes, but the decision depends on more than the class number.

Two points matter most:

1. Are the goods or services closely connected?
2. Would an ordinary buyer think they come from the same source?

If both answers lean toward yes, an opposition becomes reasonable. If the goods have no link at all, your objection may not hold. You may still act, but you will need strong arguments to show why the similarity matters.

Sometimes the real question is not the class itself but how the brand operates in the market. If your mark enjoys a reputation beyond its class, the chances of success rise sharply.

How Courts Have Viewed Such Disputes

Courts in India have dealt with many conflicts involving similar marks in different classes. Two well-known cases illustrate how judges apply the confusion test.

Ciba-Geigy Ltd. v. Cipla Ltd.

The court examined whether the long-established mark “Ciba” could be affected by the use of “Cipla” in another class. Instead of stopping at a side-by-side comparison, the court considered how an ordinary buyer would react in a quick, everyday setting.

The reputation of “Ciba,” its long history, and the ease with which the public might mix up the two names played a major role in the decision. The judgment made it clear that a famous mark does not lose its protection simply because the contesting goods fall into separate classes.

Rajnigandha vs Rajnipaan

Rajnigandha objected to the registration of “Rajnipaan”, a name that looked and sounded close to its own. The court noted that the similarity was strong enough to dilute the earlier brand’s identity, even though the goods were placed in separate classes. Damages were awarded, and the later mark was blocked from use.

You can explore such Trademark cases in India with our blog: 5 Famous trademark cases for businesses to learn from

How to File a Trademark Opposition the Right Way

If you decide to oppose a trademark in another class, the process usually follows these steps.

1. Study the Application

Compare the new mark with your own. Look at how it appears, sounds, and is positioned in the market.

2. Prepare a Notice of Opposition

File the notice online within the statutory deadline. State your grounds clearly and attach evidence showing your earlier use or registration.

3. Follow Every Filing Rule

A missed document or late submission can weaken your case, so keep an eye on procedural requirements.

4. Seek Expert Guidance

Professionals such as LegalWiz handle trademark opposition filings regularly. Our experience helps shape stronger arguments, especially when the classes differ.

Learn the whole process of filing a trademark opposition with our detailed guide: How to File a Trademark Opposition in India  

Useful Tips Before Filing Trademark Opposition

• Check the applicant’s business activities. Sometimes the goods may appear unrelated on paper, but sit close in practical use.
• Do not wait until the last day. Deadlines in trademark law are strict.
• Think about your long-term brand plan. Not every similar mark needs a full opposition. Some may be monitored instead.
• Track developments through the Trademark Registry and public databases.

Keeping Your Trademark Safe Across Classes

Once your mark gains recognition, it becomes important to protect it well beyond your primary class. Regular monitoring helps catch issues early. Watch for fake pages, misleading domain names, and copycat listings. These are often early signs of attempted misuse.

A legal expert may bring clarity to your protection approach. When such issues arise, a trademark lawyer ensures swift action, initiating removal requests or evaluating if challenging a claim makes sense.

Brand protection is not a one-time task. It works best when you combine registration, monitoring, and timely action.

Conclusion

You can oppose a trademark filed in a different class, but the outcome always turns on one point: whether customers might link the two marks. Courts place more weight on the possibility of confusion than on the class numbers themselves. A strong case needs solid evidence, a clear strategy, and timely steps. When handled well, this approach keeps your brand safe even as others enter nearby markets.

LegalWiz.in adds structure to the trademark opposition process. Our team studies the conflicting mark, evaluates the risk of confusion, and guides you through each stage of opposition with quick, organised support. With the right approach and the right partner, your trademark stays protected across every class that matters to your business.