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Trademark Opposition Online

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Trademark opposition in India is a process by which a person or entity can oppose the registration of a trademark that has been applied for by another person or entity. This can be done on various grounds, such as the trademark being identical or similar to an existing trademark, the trademark being descriptive or generic, or the trademark being deceptive or likely to cause confusion. The opposition notice or reply must be filed with the Indian Trademark Registry within a certain period of time after the trademark application has been published. The opposition will then be considered by an Examiner, and a decision will be made on whether to register the trademark or not.

The person filing the opposition (the "opponent") must also provide evidence and arguments to support their opposition. The applicant for the trademark has an opportunity to respond to the opposition and also provide their evidence and arguments.

The registrar will investigate the evidence and arguments from both sides, and decide whether or not to register the trademark in question. If the opposition is successful, the application for registration of the trademark will be refused. If the opposition is unsuccessful, the trademark will be registered.

It is also possible to file an appeal if either party is not satisfied with the decision made by the Registrar.


Documents Required

  • Notice of opposition: This is the main document that must be filed with the Indian Trademark Office (ITO) in order to initiate the opposition. The notice of opposition must be in writing and must include the grounds for opposition, along with any supporting evidence.

  • Power of attorney: A power of attorney is typically required, if the opponent is represented by an attorney, agent or by any other person authorized to act on their behalf.

  • Evidence in support of the opposition: This could include any documents or other materials that support the opponent's case, such as copies of existing trademarks, evidence of prior use of a similar mark, or evidence of confusion among consumers or that the opponent has a reputation in the mark.

  • Statement of Case: This statement should explain the grounds of opposition and the evidence that supports the opposition.

  • Affidavit: The opponent may also be required to file an affidavit in support of the opposition, which is a written statement made under oath that sets out the opponent's case.

  • Identity and address proof of the applicant: Proof of identity and address proof is required of the applicant and in case the applicant is an entity the registration of incorporation.

  • Copy of the trademark application: A copy of the trademark application that the opponent is opposing must be filed as an attachment with the notice of opposition.

  • Declaration of no-use: If the opponent believes that the applied-for mark has not been used by the applicant, the opponent may file a declaration to that effect, along with any supporting evidence.

  • Copy of Registration Certificate: if the opponent is opposing based on an existing registered mark.

Get your Trademark opposition notice or reply filed in 3 days with Nitai Advisors at just INR 2222 onwards. 



  • Protect Your Unique Brand 🛡️ When you oppose a similar trademark, you ensure that your brand's individuality is safeguarded. This prevents confusion and helps customers easily recognize your products.

  • Prevent Confusing Copies 🚫 By opposing trademarks that resemble yours, you stop others from creating confusingly similar brands. This maintains clarity for your customers and your reputation.

  • Defend Your Market Presence 🛡️ Opposing a conflicting trademark preserves your place in the market. It stops competitors from encroaching on your territory, maintaining your share of customer attention.

  • Maintain Brand Reputation 💼 When you oppose trademarks that could tarnish your reputation, you show your commitment to quality. This ensures that your brand's positive image remains intact.

  • Secure Your Brand Value ✅ By preventing similar trademarks, you safeguard your brand's value. This helps you avoid dilution and potential loss of customers who might be confused by look-alike brands.



Procedure for trademark opposition in India

  • Filing of opposition application: The person or entity opposing the registration of a trademark (the "opponent") must file a notice of opposition with the Indian Trademark Registry within four months from the date of publication of the trademark application in the Trademark Journal. The notice of opposition must be in writing and must include the grounds for opposition, along with any supporting evidence.

  • Service of notice: The Trademark Registry will serve a copy of the notice of opposition on the applicant for the trademark (the "applicant"). The applicant will then have a period of two months to file a counter-statement in response to the opposition, along with any supporting evidence.

  • Hearing: The Registrar of Trademarks will consider the evidence and arguments presented by both parties, and will then issue a decision on the opposition. Both parties have right to be heard before the registrar.

  • Decision: The Registrar will decide whether to register the trademark or not. The decision will be based on the evidence and arguments presented by both parties, as well as the applicable laws and regulations governing trademarks in India.

  • Appeal: Either party can file an appeal within one month from the date of decision, to Intellectual Property Appellate Board (IPAB) against the decision of the Registrar.

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