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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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- 10 + In-House CAs, CS & Lawyers
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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.
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
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
- Trademark advertised in Journal
- Opposition filed in Form TM-O
- Applicant submits counter statement
- Evidence submission by both parties
- Hearing before Trademark Registrar
- Final decision passed
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.
Pan-India Service
We assist NGOs, startups and companies across India with fully online documentation and support – no need to visit any office.
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.
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.