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Has Someone Opposed Your Trademark? Or Do You Want to Oppose Someone Else’s?

Trademark Opposition is a legal remedy under the Trade Marks Act, 1999 that allows any third party to challenge a trademark application they believe is identical, deceptively similar, or likely to cause confusion in the market.

At Draft It Legal, we help both applicants defend against oppositions and brands initiate oppositions against conflicting marks — with complete legal drafting, evidence support, and registry representation.

What is Trademark Opposition?

Trademark Opposition is a formal objection raised against a published trademark application in the Trademark Journal. Any person (including individuals, businesses, or prior right holders) can oppose a trademark within 4 months of its publication.

This process ensures that existing brands are protected and unfair brand registrations are blocked.

Who Can File a Trademark Opposition?

Anyone who believes a published trademark may:

  • Infringe upon their registered/unregistered brand

  • Cause confusion with an existing brand

  • Dilute a well-known trademark

  • Mislead the public

Common opposers include competitors, prior right holders, franchise owners, or global brands.

How the Trademark Opposition Process Works

  1. Trademark is Published in the Trademark Journal

  2. A third party files Notice of Opposition (Form TM-O) within 4 months

  3. The applicant files a Counter-Statement within 2 months

  4. Evidence Submission from both parties (Affidavits, Documents)

  5. Hearing by Registrar & legal representatives

  6. Registrar Decides whether to allow or reject the trademark

⏳ Timeframe: The opposition process typically takes 12 to 24 months depending on case complexity.

Grounds of Trademark Opposition

  • Identical or confusingly similar to an existing trademark

  • Lack of distinctiveness or generic nature

  • Bad faith intent or misleading use

  • Descriptive or prohibited trademarks

  • Violation of prior common law rights

Why File a Trademark Opposition?

✅ Protect your brand identity
✅ Prevent market confusion
✅ Stop infringing marks before registration
✅ Maintain brand goodwill and trust
✅ Assert your intellectual property rights

Defending a Trademark Opposition? Let Us Help.

If your mark has been opposed, it’s crucial to respond within 60 days with a proper counter-statement. At Draft It Legal, we draft strong replies backed by legal grounds, brand evidence, and trademark precedents.

We help you:

✔ File Counter-Statement (TM-O)
✔ Draft Affidavits & Evidence
✔ Appear during Hearing via Counsel
✔ Fight for brand ownership rights

Documents Required

  • Power of Attorney

  • Trademark Application Details

  • Prior Trademark Proof (if applicable)

  • Invoices, Branding Use Evidence

  • Affidavits and Statements

  • Hearing Authorization (if required)

Why Choose Draft It Legal?

✅ Trademark Litigation Experts
✅ 1000+ Brands Handled Across India
✅ Drafting of Opposition/Counter Statements
✅ End-to-End Support – Filing to Hearing
✅ Affordable Pricing with Zero Delay
✅ Strong Legal Grounds and Research-Based Drafting

FAQs – Trademark Opposition

Q1. What is the deadline to oppose a trademark?
You must file an opposition within 4 months of journal publication.

Q2. What happens if I don’t reply to an opposition?
The Registrar may abandon or reject your trademark application.

Q3. Can I oppose even if my trademark is not registered?
Yes. Even unregistered marks used prior in business can be protected under common law rights.

Q4. Is legal representation required for opposition?
Highly recommended — the opposition process is legal in nature and requires proper drafting, evidence, and argumentation.

File or Defend a Trademark Opposition with Experts

Whether you’re protecting your brand or defending your trademark application, Draft It Legal ensures every step is handled with precision.

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Draft It Legal is your trusted partner for professional legal solutions, trademark services, company registration, and business compliance support. Empowering entrepreneurs and businesses across India to grow with confidence and security.

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