Trademark Opposition
Trademark Opposition in India – Overview
Have you ever wondered why your Trademark Registration status suddenly changed from Accepted & Advertised to Opposed? This situation is known as Trademark Opposition, where a third party challenges your application before final registration.
If your application is showing as Accepted & Advertised on the Trademark Registry, it is still open to opposition by any third party who believes that your mark conflicts with their rights. In such cases, they can file a Trademark Opposition (Form TM-O) to stop your registration.
At this stage, it becomes crucial to file a Counter Statement against TM-O before the Trademark Department. By doing so, you must legally prove that the opposition has no merit under Trademark Law and that your application is valid. With the guidance of expert Trademark Attorneys at Cardiff Service, you can defend your brand and resolve the opposition smoothly.
In Another Scenario
If you are already a Registered Trademark Owner and notice that a new application has been Accepted & Advertised but is confusingly similar to your existing brand, you have the right to oppose it under Section 11 of the Trademark Act. Filing an opposition helps prevent infringement and protects your brand identity.
Cardiff Service provides complete assistance in Trademark Opposition, including filing, drafting Counter Statements, and legal representation to safeguard your intellectual property rights.
Difference between Trademark Objection and Trademark Opposition
Trademark Objection
A Trademark Objection is raised by the Trademark Examiner at the initial stage after you file your application.
Your application may be Abandoned if you fail to respond to the Examination Report within the stipulated time.
Even if you attend the Trademark Hearing, but your reply or evidence is not satisfactory, the Registry may mark your application as Refused.
Objections are usually raised under Section 9 or 11 of the Trademark Act on grounds such as lack of distinctiveness, similarity with an existing mark, or incorrect application details.
Trademark Opposition
A Trademark Opposition arises after your trademark status shows Accepted & Advertised in the Trademark Journal. At this stage, a third party (competitor, individual, or business) may challenge your application by filing a Notice of Opposition (Form TM-O).
This process involves legal proceedings where you must file a Counter Statement to defend your trademark.
If not handled properly, it may lead to TM Withdrawal, TM Abandonment, or TM Refusal.
Since opposition cases are complex, strong drafting skills, expert legal knowledge, and representation by a skilled Trademark Attorney are crucial.
At Cardiff Service, we provide end-to-end support for both Trademark Objections and Oppositions—from drafting replies to attending hearings and ensuring your brand receives the protection it deserves.
Key Features of Trademark Opposition in India
Filing a Trademark Opposition is a crucial step in safeguarding brand identity and preventing misuse. At Cardiff Service, we simplify the process and ensure complete compliance with trademark laws.
Brand Protection: Trademark opposition prevents approval of similar or identical marks that may confuse the public or dilute your brand’s reputation.
Time-Sensitive Process: A notice of opposition must be filed within 4 months of the trademark being published in the Trademarks Journal. Missing this deadline leads to the loss of opposition rights.
Evidence Requirement: Upon receiving the opponent’s evidence, the applicant has 2 months (extendable by 1 month) to file evidence in support of their application.
Abandonment Risk: If the applicant fails to submit a Counter Statement within 2 months of receiving the opposition notice, the trademark application is deemed Abandoned.
Right of Registered Proprietors/Users: Existing trademark owners have the right to oppose applications that may infringe or cause confusion with their registered brand.
Proactive Monitoring: Even if your trademark is accepted and advertised, you must stay alert during the 4-month opposition window to protect your rights.
Cost-Effective Legal Remedy: Opposition proceedings provide an affordable and effective remedy at the initial stage of trademark registration, before costly infringement lawsuits arise.
With Cardiff Service, our expert trademark attorneys ensure timely filing of opposition, drafting strong counter-statements, and representing your case to protect your brand.
Documents Required for Trademark Opposition
To effectively file a Trademark Opposition or Counter Statement in India, the following documents are generally required:
Applicant’s Information – Full name, complete address, nationality, and qualification. In the case of companies or body corporates, a valid Registration Certificate must be provided.
Power of Attorney (POA) – A signed POA authorizing the Trademark Attorney to file and represent the Opposition/Counter Statement on your behalf.
Affidavit of Use – An affidavit containing essential details of the trademark, proof of usage, duration of use, and supporting evidence.
Details of the Opposed Mark – Complete information about the mark being opposed, along with the grounds of opposition (e.g., similarity, likelihood of confusion, prior usage, lack of distinctiveness, etc.).
Additional Supporting Documents – Any relevant documents, case-specific evidence, or goodwill proof that strengthens your case.
At Cardiff Service, we ensure all documents are prepared, compiled, and submitted accurately, giving your Trademark Opposition the best chance of success.
Procedure for Trademark Opposition in India
The Trademark Opposition process involves multiple steps and strict timelines. At Cardiff Service, we guide you through each stage to ensure your case is handled effectively.
- Step 1: Any person dissatisfied with a trademark application may file a Notice of Opposition online within four months from the date of advertisement in the Trademarks Journal.
- Step 2: The applicant (trademark owner) must file a Counter Statement within two months of receiving the notice of opposition.
- Step 3: The counter statement should be supported with valid documents and evidence, filed via affidavit.
- Step 4: The opponent must submit their evidence. Alternatively, they can choose not to file evidence and rely solely on the facts stated in the opposition.
- Step 5: If required, the opponent may be given one month (extendable by another month) to file additional evidence in response to the applicant’s submissions.
- Step 6: The Registrar of Trademarks will schedule and conduct a hearing based on the opposition, counter-statement, and evidence filed.
- Step 7: Both parties must notify the Registrar within 14 days of their intent to appear for the hearing.
- Step 8: At the hearing, both sides will present their arguments and evidence. The Registrar will decide the case on its merits.
- Step 9: If the decision favors the applicant, the trademark will proceed to registration, and a Registration Certificate will be issued. If the decision favors the opponent, the trademark application will be rejected.
With Cardiff Service, you get expert legal support to oppose or defend a trademark opposition with strong drafting, documentation, and representation.
Frequently Asked Questions
A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.
If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.
It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.
For a company name search in Cardiff, you may need:
Proposed company name
Business entity type (Ltd, LLP, Partnership, etc.)
Jurisdiction (Cardiff / UK)
Owner or shareholder details (if applicable)
Business description
A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.
Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms