Opposition proceedings let anyone object to a mark after it is advertised in the Trade Marks Journal. They are the cheapest way to stop a similar mark from being registered.
Stage 1: Notice of opposition
Filed within four months of the date of advertisement, on Form TM-O, with the official fee of ₹2,700 per class (e-filing). It states the grounds: similarity to the opponent's earlier mark, bad faith adoption, descriptiveness, and so on.
Stage 2: Counter-statement
The applicant must file a counter-statement within two months of receiving the notice. If they do not, the application is treated as abandoned.
Stage 3: Evidence
The opponent files evidence by affidavit, then the applicant, then the opponent may file evidence in reply. Each stage has a fixed time limit. Evidence typically includes sales figures, advertisement spend, invoices and registrations.
Stage 4: Hearing and decision
The Registrar hears both sides and decides whether the mark proceeds to registration.
Practical tips
- Watch the Journal every week, or use a watch service, so you don't miss the four-month window.
- Keep your evidence of use organised year by year.
- An opposition can be filed even if your own mark is not registered, on the basis of prior use.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.