Intellectual Properties
Can I Use TM Symbol Without Registering a Trademark in India?
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Trademark Opposition Filing in India
Stop a published mark that could be confused with yours, or defend your own application against an opposition. Professionally drafted notices and responses, filed inside the Registry’s deadlines.
- Expert assistance whether you are opposing or defending
- Professionally drafted notices and counter-statements
- Deadlines and submissions handled on your behalf
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- Filed by an attorney registered with the Trade Marks Registry
- Typically prepared and filed in 15 to 20 working days
- You can oppose even without a registered mark of your own
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What is a trademark opposition?
When a mark can be opposed, who can oppose it, and why founders choose LegalWiz.in to handle the filing.
Opposition is the stage after the registrar has accepted a trademark application on distinctiveness and published the mark in the Trade Marks Journal for third parties to see. Anyone can oppose a published mark within three months of the day it was first published, extendable by one further month.
Filing an opposition starts a proceeding. Both parties put their case, and a decision follows on whether the mark is registered or abandoned. There is no restriction on who may file: anyone who believes a published mark could cause confusion among the public can oppose it, and the burden of defending the mark then falls on the applicant.
That cuts both ways, which is why this page serves both sides. If your own application has been opposed, a counter-statement must be filed within two months of the notice, or the application is treated as abandoned.
- Who can oppose
- Anyone
- No restriction on who may file
- Opposition window
- 3 months
- From publication in the Journal
- Extension
- 1 month
- On request, with reasons for the delay
- Your own mark
- Need not be registered
- A pending application or prior use is enough
- Counter-statement
- 2 months
- For the applicant to answer the notice
- If it is missed
- Abandonment
- The opposed application is treated as given up
- Our filing time
- 15 to 20 working days
- Subject to government processing
- Form
- TM-O
- Filed online through a registered attorney
Why founders choose LegalWiz.in
- Notices and counter-statements drafted by experienced trademark lawyers
- Consultation on whether the grounds you have will hold
- A dedicated relationship manager with on-call support
- Filing through an attorney registered with the Trade Marks Registry
- Thousands of happy customers across every state in India
- Backed by secure technology
- Exclusive partner offers on web hosting, payment gateways and more
What the filing covers
Everything below is handled by your relationship manager and a trademark lawyer. You supply the details of the mark and the documents once.
- Consultation on the opposition and on the grounds available to you
- Review of the published mark you are opposing, and of your own rights in the name
- Drafting the notice of opposition, or the counter-statement where you are defending
- Preparation of the affidavit setting out your user date and proof of use
- Preparation of the power of attorney
- Filing the TM-O application online through a registered attorney
Government fees are charged at actuals.
Who can file an opposition
Anyone, in principle
There is no restriction in India. Anyone who believes a published mark could cause confusion among the public may oppose it.
Usually an earlier mark’s owner
In practice it is filed by someone owning an earlier mark, or a mark covering similar goods or services, whose business the new mark could harm.
Even without a registration
Under the common law right of passing off, an opposition can be filed on a pending application or on use alone, without a registered mark.
Benefits of filing a trademark opposition
A remedy that works for the owner
Opposition is the chance for a trademark owner to stop another mark that would hinder or dilute their brand, or cause confusion in the market, before it is ever registered.
It works without a registration
Through the common law right of passing off, an opposition can be filed on the strength of a pending application or of prior use. You do not need a registered mark to protect the name you have built.
It is the designated moment to object
The Journal publication exists so the public can object before a mark is registered. Raising the objection there is far simpler than challenging a mark that already carries a certificate.
The public has a say
A brand is created through public recognition and demand, so it is right that the public gets consulted on whether a mark should be registered at all. Opposition is the mechanism for that.
Customer reviews
What our clients say
- Rated 5 out of 5
Had a great experience with LegalWiz for my trademark registration. The service was smooth, and the after sales support was excellent. Although the filing took around 3 days, the team stayed connected throughout, provided clear updates, and there were no communication issues. Overall, a very professional and reliable experience.
Vishvam PGJune 2026 - Rated 5 out of 5
Had a wonderful experience. The team was very supportive, responsive and completed everything on time. Thank you for the excellent support.
Ujwala ShettyJune 2026 - Rated 5 out of 5
Jignesh was very helpful and amazing while filling the compliance form for my business. Will take your service again.
Sumit YadavApril 2026 - Rated 5 out of 5
Good support team. No hindrance in executions. Go for it.
Upkar ChaurasiyaApril 2026 - Rated 5 out of 5
JIGNESH BHAI, I wanted to take some time to sincerely thank you for your incredible support with my MSME registration through LegalWiz. From start to finish, Jignesh Bhai, your guidance, patience, and professionalism made what could have been a stressful and confusing process feel completely smooth and manageable. You took the time to explain every step clearly, answered all my questions patiently, and ensured that nothing was left uncertain. Your attention to detail and dedication truly stood out, and it gave me a lot of confidence throughout the process. I really appreciate the effort, care, and commitment you put into helping me. Jignesh Bhai, your service has been exceptional, and I couldn’t have asked for a better experience. Heartfelt thanks once again!
Rahul SharmaApril 2026 - Rated 5 out of 5
Highly recommend services from Legalwiz. Got my LLP conversion process faster. Helpful staff.
Sharad PatelJanuary 2026 - Rated 5 out of 5
Limited Liability PartnershipHad a great experience working with the team! They handled my LLP registration smoothly, guided me clearly through every step, and were always quick to respond. Really appreciate their professionalism and support. Highly recommended!
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They are so quick and highly professional and experienced in the industry to carry out the requirement. Loved their services.
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Trademark RegistrationVery fast & timely service. The team was very helpful and helped me find out if the brand name was available or not over the call itself without any extra cost or charge. Brilliant service, very clear communication, timely delivery & transperant pricing. Cheers!
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Documents required to file a trademark opposition
Scanned copies are enough to begin. Your relationship manager will tell you if anything needs to be re-shared in a clearer format.
Details of the applicant
Name, address and nationality. A body corporate or other non-individual also provides its registration certificate.
Power of attorney
The document that allows the attorney to file the opposition on your behalf.
Affidavit
Carrying the basic information about your trademark, its user date, and proof of use.
Details of the opposed mark
Full information about the mark you are opposing, and the basic grounds for opposing it.
File a trademark opposition in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Give us the application number and your registration certificate, if you have one
- Upload the required documents
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- Consultation on the opposition and the grounds available
- The opposition application is drafted by professionals
- It is prepared and filed online by a registered attorney
Step 03
Your opposition is filed
- The whole process takes 15 to 20 working days
- The registrar then serves a copy so the other side can file a counter-statement
Subject to government processing time.
How long the filing takes
A typical opposition runs to 15 to 20 working days end to end. Here is where the drafting and filing time goes.
Days 1 to 2
2 of 9 working days
- Discussion and collection of the basic information
- You share the documents against the checklist
Days 3 to 7
5 of 9 working days
- The opposition application is drafted by professionals
Days 8 to 9
2 of 9 working days
- The online TM-O application is filed
Subject to government processing time. The Registry then serves the notice on the other side, who has two months to file a counter-statement.
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What is a notice of opposition?
It is the document by which someone formally opposes the registration of a published mark.
Anyone who believes their brand name or their company’s reputation could be damaged by the registration of a particular mark may oppose it by filing the notice.
On what grounds can a trademark be opposed?
A published mark can be opposed on any of these grounds:
- It is similar or identical to an earlier or existing registered trademark
- It is devoid of any distinctive character, or is descriptive
- It is likely to deceive the public or cause confusion
- It is customary in the current language, or in the established practices of the trade
- It is contrary to law, or prohibited under the Emblems and Names Act, 1950
- It contains matter likely to hurt the religious sentiments of any class or section of people
How long do I have to file a notice of opposition?
Three months from the date the mark was published in the Trade Marks Journal, extendable by one further month.
A notice filed after three months but before four months must be accompanied by a request for the one-month extension, giving sufficient reasons for the delay.
Who can file a notice of opposition?
In India, anyone can. There is no restriction on who may oppose a published mark.
It is usually filed by the owner of an earlier trademark, or of a mark covering similar goods or services, or by anyone whose existing mark could be harmed or confused with the published one, even where their own mark is not registered.
My mark is not registered. Can I still oppose?
Yes. Under the common law right of passing off, an opposition can be filed even where your trademark application is still pending, or where the mark is in use but unregistered.
That law exists to prevent one person selling their goods or services as though they were another’s, and profiting from it.
What must be established in a passing off action?
That the disputed mark or logo has become distinctive of, and is recognised as, the plaintiff’s goods and services.
Any mark that could cause confusion among consumers cannot be registered, because it would harm the business of the existing user.
What happens after the notice of opposition is filed?
The next step is the Registry’s. The registrar serves a copy of the notice on the applicant so they can file a counter-statement.
The counter-statement has to be filed within two months of receiving the notice of opposition. If it is not, the application is treated as abandoned.
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