Expert Assistance for Trademark Opposition
Protect your brand’s unique identity. Legally oppose similar trademarks or defend your own brand against third-party objections with our highly experienced TM experts.
Who can file a trademark opposition?
Section 21 of the Trademarks Act, 1999 states that "any person" who wants to oppose a trademark application can do so. You must have a registered trademark to file an opposition.
Need Help with Trademark Opposition?
Fill Up the below Mentioned Form
Grounds & Eligibility for Filing Opposition
Who Can File?
- An applicant must have a registered trademark to file an opposition.
- Any entity, consumer, buyer, or purchaser likely to use the goods.
- Any person whose business interests are directly affected by the new mark.
Grounds for Opposition
- If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950.
- If the mark contains matters related to hurting religious sentiments of any class or section of people.
- If the mark is too identical or deceptive causing confusion with an existing brand.
How We Work?
Upload your details and make payment
Get a call from TM expert
Expert analyzes & makes a report
Drafting of Opposition is done
Expert sends you the draft for approval
Opposition successfully applied!
Packages for Trademark Opposition
* Excluding Govt. fees
- Filing a reply on behalf of client who received opposition notice
- On call support
- Email support
- Drafting Opposition Notice reply & Filing
- Free advice
- Serving a notice of opposition to object to another Trade Mark
- On call support
- Email support
- Drafting Opposition Notice & Filing
- Free advice
- All in One services regarding Opposition
- On Call & Email Support
- Drafting TM Opposition Notice, Reply & Filing
- Power of Attorney Change
- Extension of time form
- Free Advice
- Filing a reply for client who received opposition notice
- On Call & Email Support
- Drafting TM Opposition Reply & Filing
- Free Advice
- We arrange trademark hearing process following rules.
- On Call Support
- Email Support
- Free Advice
Documents Required
Applicant Details
Name, Address, Nationality of the applicant. Corporate bodies/other entities need to provide a registration certificate.
Power of Attorney
A candidate must sign the power of attorney rightfully if they are registering for Trademark Opposition through an advocate/legal firm.
Affidavit
Affidavit with the basic information about the trademark, its user data, and solid proof of use.
Opposition Details
Name of the opposing mark/entity and the basic grounds for filing the opposition clearly stated.
Benefits of Filing Trademark Opposition
Limits Brand Duplication
It is crucial to limit the creation of a duplicate brand. Acquiring opposition approval protects your brand's hard-earned value and popularity.
Bans Identical Trademarks
It remains highly beneficial for the Trademark Owner to stop or ban any similar trademark user which can dilute the reputation of a brand in the future.
Clears Consumer Confusion
It is equally beneficial towards the consumers because stopping similar marks effectively clears any market confusion surrounding your brand.
Key Factors / Important Points
Rule 44 Constraints
Rule 44 of the Trademark Rules, 2017 states that an applicant can further file a counter statement in Form TM-O within 2 months.
Consequences of Failure
On failure of filing the counter-statement by the applicant within the stipulated time, the Registrar will take down the form and consider the application abandoned.