Trademark Opposition Procedure: Step-by-Step Guide

The first formal step in the trademark opposition process is submitting a Notice of Opposition. This must be filed within four months of the publication of the trademark registration application in the Trademark Journal. The Notice of Opposition can be submitted by anyone with a legitimate interest in opposing the registration.

Key Points to Keep in Mind When Filing a Notice of Opposition

• Timeline: The opposition must be filed within four months.


• Legal Grounds:Ensure your opposition is based on legitimate grounds such as similarity, non-distinctiveness, or bad faith.


• Jurisdiction:Oppositions are filed with the Registrar of trademarks, who has the authority under the Trade Marks Act, 1999.

Filing the Notice of Opposition is a crucial step in protecting your brand and intellectual property rights.

Once a Notice of Opposition is filed, the applicant has the opportunity to defend their application by submitting a counter statement. This is a formal response outlining the reasons why the trademark registration should proceed despite the challenge.

• The counter statement must be filed within two months of receiving the Notice of Opposition.


• Failure to submit a counter statement may result in the application being deemed abandoned by the Registrar.

In the counter statement, the applicant must address the grounds of the opposition and present evidence to support the validity of their trademark. At this stage, legal expertise is critical, as the outcome of the opposition can depend on the strength of the arguments made.

In a trademark opposition case, both parties (the opponent and the applicant) get a chance to submit evidence to support their claims.

Evidence of the Opponent: The opponent has two months from the date of opposition filing to present proof that the trademark shouldn't be registered.

Evidence of the Applicant : The applicant has two months to respond and provide their own proof in support of the trademark.

Following the submission of all supporting documentation, the Trademark Registrar arranges a hearing at which the parties exchange points of contention. The Registrar makes the decision to accept or reject the trademark after hearing both sides.

Importance of the Hearing

The hearing is a key stage in the trademark opposition process, where both parties present their case before the Registrar. The decision will depend largely on the quality of the evidence and legal arguments presented.

After the hearing process is complete the Registrar shall consider the Notice of Opposition with the Counter statement and evidence tendered. The Registrar will then issue a decision:

• if the opposition is granted, then the application for trademark registration is rejected.


• If the opposition is not submitted the registration will continue pending its completion.

But if either of the two is unsatisfied with the decision to be given they can appeal to the Intellectual Property Appellate Board (IPAB). As it has already been mentioned, the legal assistance is a must in order to have a strong case in the course of an appeal.

Trademark opposition is quite a complicated task which demands professional legal assistance. Thus, no matter whether you will file a Notice of Opposition or defend your trademark application, it is crucial to have experienced legal advisors on your side.

Such Opposition and counter statements are filed and managed by the trademark attorneys at Litem Legalis with special focus on trademark opposition proceedings coupled with hearing representation before Registrar. Our services have been designed precisely to guarantee client’s /patient/ protection of their intellectual property.

Trademark Registration is a long process and higher chance of trademark opposition. Here, “Litem Legalis” will help you to get your TM registration in an easier and hassle-free way. “Litem Legalis” will be your best choice because of:

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