Trademark Opposition in India Step-by-Step Guide (2025)

1️⃣ 🧭 Introduction – What is Trademark Opposition?

A Trademark Opposition is a legal challenge raised by a third party against a trademark application that has been accepted and published in the Trademark Journal but has not yet been registered.

This is a critical part of protecting your brand identity. If another company’s trademark closely resembles yours, you can oppose it within 4 months of its publication.

👉 Official Website: https://ipindia.gov.in
(Filing done via Form TM-O)

2️⃣ 📋 Types of Trademark Opposition Grounds

🔹 Similarity to Existing Mark
🔹 Descriptive / Generic Names
🔹 Bad Faith Filing
🔹 Deceptive or Offensive Marks
🔹 Violation of Geographical Indications (GI)
🔹 Mark Preventing Fair Competition

⛔ A mark can be opposed even if your trademark is unregistered, as long as you prove prior use.

3️⃣ 👥 Who Needs These Services?

• Registered and unregistered trademark owners
• E-commerce sellers/brands
• Startups protecting brand names
• IP consultants/lawyers
• Franchise and licensing businesses
• International companies filing in India

4️⃣ 💼 Why Hire a Trademark Opposition Expert?

🧠 Trademark law requires timely action, proper format, and legal strategy. A trademark service provider can:

✔️ Monitor TM Journal for conflicting applications
✔️ Draft and file Form TM-O professionally
✔️ Represent you at Trademark Registry hearings
✔️ Defend your brand and prevent misuse
✔️ Save time and reduce the risk of rejection

5️⃣ 🛠️ Trademark Opposition Process – Step by Step (2025)

Step 1: 📰 Monitor Trademark Journal

Check the TM Journal weekly for similar marks to your brand.

Step 2: 📝 File Form TM-O

File the opposition within 4 months from date of publication.

Step 3: 📩 Counter-Statement by Applicant

The applicant must respond within 2 months of receiving the notice.

Step 4: 📄 Evidence Submission

Both parties submit evidence in the form of affidavits and exhibits.

Step 5: ⚖️ Hearing

Trademark Registrar conducts hearings to hear both parties.

Step 6: 🏁 Final Decision

Registrar passes an order to accept or reject the opposition.

📍All filings are made via the official e-filing portal:
👉 https://ipindiaonline.gov.in

6️⃣ 📂 Documents Required

• Power of Attorney (if filed via an agent)
• TM-O Form (Opposition Form)
• Evidence of prior use (if applicable)
• Similarity justification (with your TM certificate if registered)
• Affidavits, purchase receipts, promotional content
• Identity proof and applicant details

7️⃣ 💰 Cost Involved

✅ Cost-effective legal packages are available for startups and SMEs.

8️⃣ ⏱️ Time Taken

🕒 Delays can occur due to backlog or hearing adjournments.

9️⃣ ❌ Common Mistakes to Avoid

• Missing the 4-month deadline to oppose
• Not checking TM Journal regularly
• Poor drafting or legal language in opposition
• Ignoring counter-statements
• Submitting weak or irrelevant evidence
• Assuming similar trademarks will be auto-rejected

🔟 📞 Call-to-Action (CTA)

Want to protect your trademark before it’s too late?

📧 Email: opriyatrendingpvtltd@gmail.com
📲 WhatsApp: +91 7588756518
🌐 Website: www.opriyatrending.in

✅ Free consultation
✅ Timely TM journal watch
✅ Full trademark opposition support

1️⃣1️⃣ ❓ FAQs – Trademark Opposition in India

Q1. Can I oppose a trademark if mine is not registered?
Yes. If you can prove prior use and market reputation, you can file an opposition.

Q2. What happens if I miss the 4-month window?
You lose your right to oppose. You can still file a rectification post-registration, but it’s more complex.

Q3. Is the opposition process expensive?
Not always. With timely action and expert help, it can be affordable for startups and SMEs.

Q4. Can I settle the dispute out of court?
Yes, many trademark oppositions are resolved through compromise agreements before the hearing stage.