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Trademark Opposition

 India’s No. 1 Trademark Opposition Service Provider

Experience a smooth and hassle-free Trademark Opposition process with Avinext Legal Services. Our experienced professionals manage every stage—from filing to representation—with complete accuracy, legal compliance, and strategic expertise, ensuring your brand rights are effectively protected.

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Trademark Opposition

Trademark Opposition – Overview

Trademark Opposition is a legal mechanism that allows any third party to object to the registration of a trademark after it is published in the Trademark Journal. This process helps prevent the registration of misleading, identical, or deceptively similar trademarks.

The opposition must be filed within 4 months from the date of publication. If opposed, the trademark will not proceed to registration until the matter is resolved.

Purpose: Trademark Opposition protects existing brands, consumers, and market fairness.

Why Trademark Opposition is Important

  • Prevents confusion among consumers
  • Protects prior trademark rights
  • Stops dishonest trademark registrations
  • Preserves brand reputation and goodwill
  • Acts as an early legal safeguard

Who Can File Trademark Opposition?

Any person or entity who believes that a trademark registration may harm their interest can file an opposition.

Eligible Person Description
Trademark Owner Owner of an existing registered or prior-used trademark
Business Entity Companies, LLPs, partnerships affected by the mark
Individual Any person with legitimate commercial interest
Public / Consumer If the trademark is misleading or unlawful

Grounds of Trademark Opposition

  • Identical or confusingly similar trademark
  • Lack of distinctiveness or generic nature
  • Prior use or prior registration
  • Trademark filed in bad faith
  • Violation of law, morality, or public order
  • False representation of origin
Tip: Strong documentary evidence improves success rate.

Important Aspects of Filing Trademark Opposition

  • Must be filed within statutory time limit
  • Drafting should be legally precise
  • Submission of evidence is crucial
  • Counter-statement handling is mandatory
  • Hearing before Registrar may be conducted

Trademark Opposition Procedure

  1. Trademark advertised in Journal
  2. Opposition filed in Form TM-O
  3. Applicant submits counter statement
  4. Evidence submission by both parties
  5. Hearing before Trademark Registrar
  6. Final decision passed
Result: Successful opposition leads to rejection of trademark.

Trademark Opposition Fees

Fee Type Details
Government Fee As prescribed for Form TM-O
Professional Charges Depends on complexity and hearings

*Exact fees may vary case to case.

Why Choose Us

From registration to annual compliance, we simplify every step with expert guidance, transparent pricing and on-time delivery tailored to your organisation.

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Pan-India Service

We assist NGOs, startups and companies across India with fully online documentation and support – no need to visit any office.

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Experienced CA / CS Team

Your work is handled by qualified professionals who understand regulations, funding requirements and ground-level challenges.

Fast & Transparent Process

Clear timelines, document checklists and regular updates – so you always know the exact status of your application.

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Long-Term Compliance Support

Beyond registration, we help with 12A, 80G, FCRA, GST and annual filings, keeping your organisation compliant year after year.

Trademark Opposition – FAQs

Frequently asked questions related to trademark opposition, procedure, timelines, and legal rights.

Trademark Opposition is a legal process that allows a third party to object to a trademark application after it is published in the Trademark Journal. It prevents registration of misleading or conflicting trademarks.
Any individual, business, trademark owner, or even a consumer can file a trademark opposition if they believe the published mark may harm their interests or violate trademark laws.
Trademark opposition must be filed within 4 months from the date the trademark is published in the Trademark Journal. After this period, opposition is not allowed.
Common grounds include similarity with an existing trademark, lack of distinctiveness, prior usage, bad faith filing, misleading nature, or violation of public order and morality.
After opposition is filed, the applicant must submit a counter statement. Both parties then present evidence, followed by a hearing before the Trademark Registrar, who passes the final order.
No, the trademark cannot be registered until the opposition proceedings are concluded. Registration is granted only if the opposition is rejected or withdrawn.
While not mandatory, professional assistance is highly recommended as trademark opposition involves legal drafting, evidence submission, and hearings that require expert handling.
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