Trademark Opposition

File Trademark Opposition to secure your brands’ exclusivity

Get Started

What is a Trademark Opposition?

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.


Benefits of filing Trademark Opposition


Documents required to file a Trademark Opposition

Grounds for Applying for Opposition

If the trademark is similar or identical to an earlier or existing registered trademark.
If the mark is devoid of any distinctive character or is descriptive.
The trademark is likely to deceive the public or cause confusion.
If the mark is customary in the current language, or it is in the established practices of business.
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
Online Registration

File TM Opposition in 3 Easy Steps

*Subject to Government processing time

The Process

Trademark Opposition Process

Frequently Asked Questions

Explore Trademark Opposition


Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.


The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition


In India, anyone can file for the Trademark Opposition. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.


Through a common law of rights of passing off, one can file an opposition even if the Trademark application is pending or already in use if not registered. This law prevents any person from selling his goods/services as that of another and benefiting from it.


The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.


In a case where the notice of opposition is filed on the use of the mark, it is essential to show that the disputed mark or logo has become distinctive and is recognized that of the plaintiff’s goods and services. Hence, any mark that can cause confusion among the consumers cannot be registered as it would harm the already existing users’ business.

More Questions? Seek Help of an Expert

Call us at
1800 313 4151

Email us


We take pride! Not in our work, but in your words.

Customer Ratting
Read all testimonials
From Blog

Helpful Resources

  • Trademark Class 23

Trademark Class 23: Yarns and Threads

Jun 25, 2022|

Trademark Class 23 includes all kinds of yarns and threads that are used in textile. Class 23 includes goods like carpet yarns, chenille yarn, cotton-based thread and yarn, coir yarn, Elastic thread a ...

  • Trademark Class 22

Trademark Class 22: Ropes, Strings, Nets

Jun 25, 2022|

Trademark Class 22 mainly includes different kinds of ropes and strings. This class also includes different nets and sail manufacture products; padding and stuffing materials; as well as raw fibrous t ...

  • Trademark Class 21

Trademark Class 21: Kitchen and Household Utensils

Jun 25, 2022|

Trademark Class 21 mainly includes kitchen utensils such as pans, cups, bottles, etc. This class also includes other household items such as combs and sponges, brushes, etc. Toilet utensils, articles ...

Explore all posts
File Trademark Opposition to secure your brands’ exclusivity
Get Started
Get Started
Call now!