🏅 COMPANY360 Awarded top 10 most promising business service provider by SILICON INDIA - know more 🏅

Trademark Opposition In India


I got my private limited company registration and trademark registration done from Company360. They are just amazing when it comes to service very responsive and always available to resolve my queries. I would definitely recommend them for legal registrations. Keep up the good work!

Rishabh Awasti

"They helped me getting my company registered "Chefkart Hospitality Pvt. Ltd." Overall i found company360 to be extremely helpful and professional. They explained me the process clearly and advised me to open a pvt ltd. after understanding the nature of our work. The way everything was handled was completely flawless and everything was done in a week's time. This company is ideal for people who are starting up. Will definitely recommend them to everyone."

Arpit Gupta

" It was an absolute pleasure to work with Company360. The trademark application objection replied in perfect manner. Do try the professional services for all of your trademark related worries."

Rahul Singh

" A very hassle free experience, working with Company 360. I got a section 8 company registration done through them, and found them professional, responsive, and the owner Ms. Anu gives genuine advice. Highly Recommended!"

Amrita Tirkey

We applied for trademark thru Company 360. Very profession company. Good luck.



Positive: Professionalism, Responsiveness, Value
I approached them for copyright of my book. The response was quick. Everything was explained over phone, all documents prepared and the application was submitted same day. All communications made over phone and email with amazing ease and convenience. Hugely appreciate the promptness and professionalism of their team.


Positive: Professionalism, Quality, Responsiveness, Value
Excellent service led by Mrs Anu. Copyright taken for book. Thanks Company 360 for such experience

Mahaavir Kantura

Hi..Its a Great experience to work with company 360.in ..i have applied for two trademarks and also suggested to one of my friends ..All has been accepted.. Really Thankful to 360 Team..tux

Mukesh Nagal

Great work by company and solve my problem in trade mark immediately so i'm thankful

Mohd Imran

Have been consulting them for Trademarks and other legal services for a while and they are top notch by far. People maintain quality for few years before settling in and then they get cold, but Company 360 are working with same zeal and excitement for so many years.
They are professional, disciplined, keeps you updated, are cautious & concerned for every bit of the work they do.
After dealing with them multiple times I can assure you, if you are reaching them for any professional or legal service, rest assured 'coz you are dealing with great professionals.
Thanks for your services Anu and Team.

Nagesh Kumar

Really I fell in love with Company360. I have tried many other companies to approve my objected trademark then I came to Company360 & took another chance and really they approved my brand quickly within 1 day from the submitted date. I recommend it to all who really want to register their brand without any issue. Thank you Company360, I glad to receive your excelled service

Prabhjot Singh




Trademark Opposition in India

What is Trademark Opposition?

Once a trademark is filed for registration, it will be presented before the examiner. The Examiner will examine the trademark and raise
objections under Sec. 9 (1) or Sec. 11 of the Trade Marks Act, 1999, if any. This process is called ‘Objection’. Then, if the examiner is
satisfied that the trademark is applicable, the trademark will be published in the trademark journal. After, publication of trademark in
journal, the trademark is open for opposition by any third party. The trademark so accepted and advertised in journal will be available
for opposition for the period of 4 months. After the completion of the opposition period, if no opposition is filed by any third parties,
the trademark application will proceed for registration. If any third-party files any opposition, then the opposition proceedings will
commence. The status of such trademarks in the E-registry will be reflected as ‘opposed’.


Who can oppose Trademark in India?

Under Sec. 21 of the Act, ‘any person’ may file an opposition against a trademark which is published in the journal. The opposition need
not be filed by any registered proprietor of a trademark. The opposition may be filed by any company, partnership firms, trusts, or by any
general public who may be purchaser or customer or any person who likely to use the goods/services.


Time limit to file trademark opposition:

The opposition shall be filed within four months from the date of publication of the trademark in the journal. The time limit of four months
cannot be extended for whatsoever reason. During the opposition proceedings, the parties should strictly adhere to the time limits under
the Trademarks Act as well as the Limitation Act. If the parties failed to proceed within the prescribed time in the opposition proceedings,
the proceedings deemed to be abandoned by the Registry of the Trademarks.


Step by step process- Trademark Opposition

Step 1: Filing the Notice of Opposition

Within the period of four months from the date of publication of trademark in the journal, any person can file a notice of opposition
(TM-O) against an advertised trademark with the prescribed fee. The notice of opposition should contain the details about the trademark to
be opposed and the grounds for opposition of the said trademark.

Step 2: Filing the Counter-Statement

The TM-O will be reviewed by the Registry of Trademark and shall be sent to the other party. Upon receiving the notice, the other party
should file a counter statement (TM-O) with the prescribed fee within two months from the date of receiving the notice.

Step 3: Filing of Evidence in support of the Opposition

The opposition party may provide Evidence in support of his opposition to support his case in the form of an Affidavit within two months
from the date of receiving the counter-statement under Rule 45. The opposition party may choose to waive filing such evidence and solely
rely on the facts.

Step 4: Filing of Evidence in support of the Application

Upon receiving the opposition evidence or the intimation of waiver by the applicant, the other party shall file the evidence in support of
the Application within two months under Rule 46. The other party may waive to file evidence and rely on the counter statement alone.

Step 5: Filing of Evidence in Reply

The opposition party may file additional evidence in support of his opposition within one month of receiving the evidence in support of
the application or intimation of the waiver under Rule 47. The purpose of this option or rebuttal to attain finality in the proceedings

Step 6: Hearing

After receiving the notice of opposition, counter statements, evidence, and reply evidence, the Registrar shall fix a date for the hearing.
The parties have to notify their intention to appear before the registrar within 14 days from the date of receiving the notice of hearing.
The parties can request an adjournment under Form TM-M at least 3 days before the hearing date. The number of adjournments is restricted to
2 and the duration of each adjournment is restricted to not more than 30 days. If the parties are absent at the date of hearing or adjourned
hearing date, the Registrar may dismiss the application if the defaulting party is the applicant and may dismiss the opposition if the
opposition party is absent.

Step 7: Registration or Rejection

The trademark application will proceed for registration if the Registrar believes that the evidence and facts are in favour of the applicant.
Otherwise, the opposition will be allowed and the application of registration will be rejected.

Ask an Expert

Trusted by Trusted brands across the globe

IIT Delhi

In Media

Trending Posts