Overview
Any person can file a Trademark Opposition within 4 months of a trademark's publication in the Trademark Journal. Oppositions are typically filed by existing trademark owners who believe the published mark conflicts with their rights. If your mark is opposed, the applicant must file a counter-statement within 2 months of receiving the opposition notice.
MFiling operates on both sides: proactively filing oppositions on behalf of brand owners when a conflicting mark appears in the Journal, and defending clients when their applications are opposed by third parties. The opposition process involves evidence rounds, potential hearings before the Registrar, and a final order. Regular Journal monitoring by MFiling's IP team identifies threats to client trademarks as soon as they are published.
Government fee for opposition (Form TM-O): Rs.2,700 per class (individuals) or Rs.5,400 per class (other entities). MFiling professional charges: from Rs.3,999 for filing or defending an opposition.
Key Benefits
Documents Required
How it Works
Through Journal monitoring, identify a newly published mark that conflicts with your brand.
Evaluate similarity, class overlap, consumer confusion likelihood, and strength of your prior rights.
File formal opposition notice within 4 months of Journal publication with prescribed fee.
File affidavits supporting your opposition within 2 months of counter-statement by applicant.
Review counter-evidence filed by the trademark applicant and prepare reply evidence.
Present final oral arguments before the Registrar — hearing date fixed by Registry.
Order issued allowing or dismissing the opposition — appeal available to High Court.
Frequently Asked Questions
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