Trademark Opposition Procedure
Take Action Against Trademark Opposition ₹5,999 + Govt. fees
Updated on July 30, 2025 02:47:15 PM
Trademark Opposition is an essential legal procedure where third parties can challenge the trademark registration process. This process fulfills the goal of protecting the rights belonging to proprietor brand identities as well as preventing newly applied marks from violating these rights. At Litem Legalis, we focus mainly on trademark issues and offer our help to businesses that may need guidance on how to address trademark opposition. In this article, you will gain clear knowledge of the trademark opposition process, starting from a notice of opposition up to the hearings, including a counter statement.
Trademark opposition is an official legal procedure through which a third party can object to the registration of a trademark. Once the applicant’s trademark application has been reviewed and approved by the Registrar, it is entered in the Trademark Journal. At this stage, any interested party has four months to file a Notice of Opposition if they feel the new trademark may infringe on their rights. Opposition can be based on grounds such as similarity with an existing mark, confusion with other marks, or the applicant’s intention to mislead. This protects brand images and trademark ownership, preventing entities from obtaining similar trademarks and creating marketplace confusion.
Several reasons exist in which a trademark opposition can be filed, including;
It is very important for the applicant as well as opponent to understand these grounds in order to easily cross-over the trademark opposition phase.
The trademark opposition process is important for protecting the rights of current trademark owners and stopping the registration of trademarks that may infringe on those rights. Common reasons for filing a Notice of Opposition include similarity to an existing registered mark, being descriptive, lack of distinctiveness, and bad intentions in the application. By challenging potentially conflicting trademarks, businesses can protect their brand identity and ensure no single entity controls common descriptive terms or causes confusion in the market. This proactive approach helps maintain fair competition and strengthens the fairness of trademark registration.
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
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.
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:
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.
In conclusion, the trademark opposition process is one of the necessary legal mechanisms to protect your ideas. Trademark litigation is inevitable if you are defending your trademark or opposing another one, and it is essential to understand the procedures that need to be followed and do it as soon as possible. There is a filing of a Notice of Opposition, then the filing of a counter statement, then a hearing before the Registrar and a decision.
Thus, for all your trademark opposition cases, be assured that we at Litem Legalis are your legal protectors and advocates. Our team is capable of filing oppositions and attending various hearings on behalf of our clients. Keep your brand and ideas safe through the help of our legal professionals.
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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This results in the Rights of the third parties to oppose a registration of trademark as a legal process.
Four months from the publication of the trademark registration application in the Trademark Journal.
Anyone with a legitimate interest in opposing the trademark registration can file a notice.
The applicant has 2 months to respond with a counter statement. Both parties can then submit evidence, attend a hearing, and await the Registrar’s final decision.
Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction.
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