Trademark registration isn’t always smooth. After a mark is published, third parties can oppose it within 4 months, and you may also need to challenge conflicting marks to protect your brand. If opposed, you can respond with a counterstatement to continue registration. At SolvLegal, we assist with both sides of the opposition process, helping businesses, startups, and individuals protect their trademarks with precision, strategy, and speed.

Whether you're filing an opposition or defending your application against one, our legal team ensures your arguments are well-reasoned, backed by evidence, and aligned with the Trademarks Act, 1999.

How It Works: 

【1】Submit Your Trademark Details

Fill out our online form with the TM number, publication date, grounds for opposition (or nature of reply), and attach relevant documents including the journal extract or opposition notice.

 【2】Legal Review & Strategy

We analyze the case, reviewing the challenged mark, cited trademarks, grounds raised, and supporting facts.

 【3】Drafting the Opposition or Counterstatement

Our team prepares a legally robust Notice of Opposition (Form TM-O) or Reply to Opposition (Counterstatement)citing appropriate case law, precedents, and evidence.

 【4】Filing & Monitoring

We file the document with the Trademark Registry and monitor the status of proceedings, including any notices or deadlines.

【5】 Hearing Representation (If Required)

If scheduled, our team can represent you during opposition hearings or assist with oral argument preparation before the Registrar.

Who can file a Trademark Opposition?

A trademark opposition can be filed by any person or entity that believes the registration of a proposed trademark could harm their rights or business interests. This typically includes:

• Existing Trademark Owners – Businesses or individuals who own a similar or identical registered trademark and want to prevent confusion in the market.
• Businesses with Unregistered Rights – Entities that have been using a trademark in commerce but have not yet registered it may oppose a new application if it conflicts with their prior use.
• Competitors – Companies that believe the new trademark is misleading, generic, or unfairly advantageous to the applicant.
• Consumers or Consumer Groups – Organizations advocating for consumer protection may oppose trademarks that are deceptive or misleading.
• Government or Regulatory Bodies – Authorities may challenge trademarks that violate laws, public order, or morality.

Grounds for Filing a Trademark Opposition:

Likelihood of Confusion – The opposed mark is deceptively similar to an earlier registered or pending mark.

Bad Faith Filing – The applicant has filed the mark dishonestly or to take unfair advantage of someone else's brand reputation.

Non-Distinctiveness – The mark is generic, descriptive, or lacks distinctiveness.

Contrary to Law or Morality – The mark is offensive, deceptive, or prohibited under the Trademarks Act, 1999.

Well-Known Marks Protection – The mark dilutes or infringes a famous or well-known brand.

Trademark Opposition Process Overview:

1. Notice of Opposition Filing: The opponent files a legal challenge within 4 months of the mark’s publication in the Trademark Journal.

2. Counterstatement Filing: The applicant must respond within 2 months by filing a Counterstatement defending their trademark.

3. Evidence Stage: Both parties may submit supporting evidence via affidavits to strengthen their claims.

4. Hearing (If Required): If the Registrar deems it necessary, a hearing is conducted where both sides can present arguments.

5. Decision by Registrar: Based on documents and proceedings, the Registrar issues a final decision — either accepting or refusing the trademark application.

 Government Fees for Patent Invalidation in India:

Note: Government fees are excluded from SolvLegal’s professional charges and will be collected at the time of filing, depending on the applicant’s category, number of classes, and number of marks involved.

 Documents required for trademark opposition

The documents required for filing a trademark opposition may vary depending on the jurisdiction, but generally, the following key documents are needed:

1. Notice of Opposition – A formal document stating the reasons for opposition, filed with the trademark office within the opposition period.
2. Proof of Identity – Identification documents of the opposing party (individual or company).
3. Power of Attorney (if applicable) – If a legal representative or attorney is filing on behalf of the opposing party, a signed authorization is required.
4. Evidence of Prior Use – Documents proving prior use of a conflicting trademark, such as invoices, advertisements, business registrations, or trademark certificates.
5. Legal Arguments & Supporting Documents – Any case law, precedents, or additional evidence that support the opposition claim.
6. Payment Receipt – Proof of payment for the official opposition filing fee.

Why Choose SolvLegal? 

At SolvLegal, our experienced trademark lawyers combine strategic insight with legal precision to protect your brand through every phase of the opposition process. From thorough research and persuasive drafting to procedural compliance and hearing support, we help you build and defend your trademark rights confidently and effectively. We don’t rely on generic templates, every document is tailored to your case, with transparent pricing and prompt communication throughout.

Whether you’re opposing a conflicting mark or responding to a challenge, SolvLegal ensures your brand stands strong. Let our legal team file your Trademark Opposition or draft a powerful Objection Reply, and move your registration forward with confidence.

FAQs

1. What is trademark opposition?

Trademark opposition is a legal process where a third party challenges the registration of a trademark after it has been published for opposition but before it is officially registered.

2. Who can file a trademark opposition?

Any individual, business, or entity that believes the applied trademark could harm their rights can file an opposition. This includes trademark owners, businesses using similar trademarks, competitors, consumer protection groups, and regulatory authorities.

3. What are the grounds for opposing a trademark?

Common grounds include:

• Likelihood of confusion with an existing trademark
• Lack of distinctiveness
• Trademark registered in bad faith
• Generic or misleading nature of the trademark
• Violation of prior rights or copyrights

4. When can a trademark opposition be filed?

Opposition can only be filed during the opposition period, which varies by country but typically lasts between 30 to 90 days after the trademark is published in the trademark journal.

5. What documents are required for filing a trademark opposition?

• Notice of Opposition
• Proof of identity of the opposing party
• Power of Attorney (if filed by a representative)
• Evidence of prior use or ownership of a similar mark
• Supporting legal arguments and relevant case laws
• Payment receipt for filing fees

6. What happens after filing a trademark opposition?

Once filed, the trademark office notifies the applicant, who can respond with a counterstatement. Both parties then submit evidence, and the case is reviewed. The trademark office makes a final decision based on the arguments and evidence provided.

7. What if my opposition is unsuccessful?

If the opposition is unsuccessful, the trademark proceeds to registration. However, you may still have the option to challenge the trademark through cancellation proceedings after registration.

8. Can trademark opposition be settled outside court?

Yes, in many cases, parties may negotiate a settlement or reach an agreement (such as coexistence agreements) without the need for a formal decision from the trademark office.

9. How long does the trademark opposition process take?

The duration varies but can take several months to a few years, depending on the complexity of the case and the jurisdiction.

10. Do I need a lawyer for trademark opposition?

While not mandatory, hiring a trademark attorney is highly recommended to ensure proper legal representation and increase the chances of a successful opposition.