Once a Trademark Application in India passes examination, it gets published in the Trademark Journal for public review. During this stage, any third party who believes that the applied trademark may conflict with their existing rights can file a Trademark Opposition.
At LegalInfoIndia, we provide end-to-end legal support in trademark opposition matters – whether you want to file an opposition against someone else’s trademark, or defend your own application against an opposition filed by another party. Our Delhi-based legal team, backed by Nidhi Rajoura & Associates, ensures your brand remains protected through strong legal arguments and representation.
Trademark Opposition is a legal challenge raised by a third party after the trademark is published in the Trademark Journal.
The purpose is to prevent registration of a mark that may cause confusion, dilute brand value, or infringe existing rights.
Opposition must be filed within 4 months of publication in the Journal.
A trademark may be opposed under the Trade Marks Act, 1999 for reasons such as:
The mark is identical or deceptively similar to an existing registered trademark.
The trademark is descriptive, generic, or misleading.
The applicant has filed in bad faith (to copy or misuse another’s goodwill).
The mark is likely to cause confusion among consumers.
Trademark is against public morality or policy.
At LegalInfoIndia, we simplify the legal procedure of opposition handling:
A third party (opponent) files an opposition within 4 months of publication.
The applicant must file a reply (counter-statement) within 2 months.
The opposing party submits evidence to support their claim.
The applicant files supporting documents & arguments in defense.
Both parties are heard before the Trademark Registrar.
Based on evidence & arguments, the Registrar either accepts or rejects the trademark application.
Protects your Brand Identity – Stops others from registering confusingly similar marks.
Avoids Brand Dilution – Maintains the unique value of your trademark.
Defends Business Reputation – Prevents misuse of your goodwill.
Legal Ownership Rights – Strengthens your claim in future disputes.
Within 4 months from the date of publication in the Trademark Journal.
Your application will be considered abandoned by the Registry.
Yes, any person who believes they may be harmed by the registration can file opposition.
Typically 12–24 months, depending on hearings and case complexity.
Whether you want to oppose a conflicting trademark or defend your application against opposition, our expert legal team ensures a strong case with timely filing, effective drafting, and professional representation.
With years of experience, we've successfully defended countless clients, To be securing their rights and helping them navigate the legal system.
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