Trademark Opposition is the legal process where a third party objects to the registration of a trademark after it is published in the Trademark Journal under the Trade Marks Act, 1999. Any person who believes that the published trademark may harm their existing brand rights can file a Notice of Opposition within the prescribed time limit. Proper legal response and representation are crucial to protect your trademark rights.
To file or defend a Trademark Opposition, the concerned party must provide supporting legal and brand-related documents to establish prior rights, protect brand identity, and comply with the Trade Marks Act, 1999.
Copy of the Trademark Journal publication showing the mark against which opposition is being filed.
Application Number, Class, Applicant Name, and details of the published trademark.
Invoices, advertisements, website data, social media records, or any evidence proving earlier use of the trademark.
PAN Card, Aadhaar Card, GST Certificate, or Company Incorporation Certificate of the opposing party.
Signed TM-48 form authorizing a trademark professional to represent and file the opposition.
Affidavits, prior trademark registrations, agreements, or legal documents supporting the grounds of opposition.
📌 After filing the Notice of Opposition, the applicant must submit a Counter-Statement within the prescribed time. Both parties may submit evidence and attend hearings before the final decision.
