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
Trademark is Published in the Trademark Journal
A third party files Notice of Opposition (Form TM-O) within 4 months
The applicant files a Counter-Statement within 2 months
Evidence Submission from both parties (Affidavits, Documents)
Hearing by Registrar & legal representatives
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.