Trademark Opposition Proceedings in India

Opposition handled

Documents required

• Trademark application number and journal advertisement date
• Details of the opposing / conflicting mark (registration certificate, if any)
• Contact us to know the exact pricing for your requirement.
• Any correspondence between the parties (if settlement is being explored)

How we handle this for you

Strategy advice

We advise on the strength of the opposition/defence case and the likelihood of success at hearing.

Notice of Opposition / Counter-statement

TM-O (Notice of Opposition) or Counter-Statement drafted and filed within the prescribed time limits.

Evidence rounds

Evidence in support filed with affidavits, exhibits and usage documents. All evidence rounds coordinated and filed on time.

Hearing representation

Our representative attends the opposition hearing before the Trade Marks Registry and presents the case.

Frequently asked questions

Who can file a trademark opposition?

Contact us to know the exact pricing for your requirement.

What are the most common grounds for opposition?

Common grounds include: the mark is identical or similar to an earlier registered or well-known mark (relative grounds); the mark is descriptive or deceptive (absolute grounds); the applicant is not the legitimate owner of the mark; or the mark was applied for in bad faith.

Can an opposition be settled before the hearing?

Yes. Parties can reach a settlement at any stage — often through a coexistence agreement, letter of consent or assignment. Settled oppositions are withdrawn and the mark is registered. SS Marks assists in drafting settlement agreements.

What happens if the opposition is successful?

If the opposition succeeds, the trademark application is refused and the mark is not registered. The applicant may appeal to the IPAB (Intellectual Property Appellate Board) or to the High Court.

How long does trademark opposition take?

Contact us to know the exact pricing for your requirement.