Get Instant Quote !
Get Instant Quote !
Trademark Opposition
3 Step Process!
Fill The Form
Just fill the form!
Call To Discuss
Our experts will guide you!
Get Representation
All Set, you're good to go!
Fill The Form
Just fill the form!
Call To Discuss
Our experts will guide you!
Get Representation
All Set, you're good to go!
Overview
Trademark Opposition is a legal process where a third party challenges your trademark application after it is published in the Trademark Journal. This typically happens within 4 months of publication. It serves as a safeguard to ensure that no confusingly similar trademarks are registered. Unlike objections (which come from the Registrar), oppositions are filed by individuals or companies who believe your mark may harm their rights.
Benefits For Everyone!
Protects Brand Identity
Handling a trademark opposition effectively is a crucial step in safeguarding your brand’s unique identity. It ensures that no other party can register or use a mark that is deceptively similar to yours, which could confuse customers or dilute your brand recognition. By actively opposing conflicting trademarks, you maintain the integrity of your brand image and avoid losing hard-earned brand equity to imitators.
Maintains Market Exclusivity
A successful opposition strengthens your exclusive rights over your brand in your category or industry. It prevents other businesses from encroaching on your market space with names, logos, or slogans that are too similar to yours. This exclusivity gives you a distinct edge in marketing, helps retain customer loyalty, and makes it easier for consumers to identify your products or services in a crowded marketplace.
Avoids Costly Future Litigations
Addressing trademark conflicts at the opposition stage can save you from long-drawn-out legal battles in the future. Infringement cases after a confusingly similar mark is registered can be more complicated, expensive, and time-consuming. Proactively opposing such registrations early not only minimizes legal expenses but also mitigates risks to your business reputation and commercial interests.
Establishes Ownership and Use
During an opposition, you submit evidence such as invoices, advertisements, social media presence, and customer testimonials that prove your brand’s prior use and reputation. This helps you legally establish your ownership, build a solid case history, and strengthen your brand’s standing in the records of the trademark registry. It can also be helpful in future disputes or licensing agreements.
Boosts Investor and Customer Confidence
Investors, stakeholders, and customers prefer businesses that take their intellectual property seriously. Successfully defending your brand through a trademark opposition demonstrates that you are committed to protecting your business assets. It shows that your brand is well-managed, legally sound, and ready for growth — factors that inspire greater trust and confidence in your business.
Right to Appeal and Rectify
Even if the opposition doesn’t go in your favour initially, the structured legal process ensures you still have recourse. You can appeal the decision or make amendments to your mark to better align with trademark requirements. This gives you multiple chances to secure your brand an reinforces the fact that trademark law offers several safeguards to genuine brand owners.
Documents Required
Below are the documents required for registration
Eligibility Criteria
Below are the Eligibility Criteria for Service
Complete
Process
From start to end our team provide you complete guidance and support tailored for your needs.
Trademark Published in Journal
What Happens
Your trademark application gets published for public view.
How Founders First Helps
Monitors journal publications
Alerts you to any potential conflicts or oppositions raised
Opposition Filed (within 4 months)
What Happens
An opposing party submits a Notice of Opposition with valid grounds.
How Founders First Helps
Drafts and submits opposition on your behalf (if you’re opposing)
Notifies and explains the opposition if your trademark is challenged
Filing Counter-Statement (within 2 months)
What Happens
You must file a legally sound reply defending your trademark.
How Founders First Helps
Crafts detailed counter-statements tailored to the specific grounds
Gathers usage evidence, documents, and affidavits
Evidence Submission by Both Parties
What Happens
Both parties file supporting documents to strengthen their case.
How Founders First Helps
Prepares all legal documentation and formats evidence professionally
Coordinates affidavit notarization and filing
Hearing & Final Decision by Registrar
What Happens
Based on documents and arguments, the Registrar decides in favor of one party.
How Founders First Helps
Represents you at the hearing with expert legal counsel
Handles cross-examination, filings, and oral submissions
Registration or Rejection
What Happens
Trademark proceeds to registration or is rejected based on decision.
How Founders First Helps
Updates you on next steps appeal, withdrawal, or further strategy
Why Founders Choose Us!
Must Know !
Common Mistakes to Avoid in Opposition Cases
- 1. Missing the 4-Month Deadline - Failing to respond or oppose within the stipulated window leads to automatic losses.
- 2. Inadequate Grounds or Evidence - Vague opposition or counter-claims without proof get dismissed quickly.
- 3. Improper Formatting or Filing - Incorrect or incomplete paperwork may be rejected by the registry.
- 4. Not Hiring a Trademark Expert - Trademark law is technical professional support ensures strong arguments.
- 5. Not Monitoring Trademark Journal - Many oppositions fail to be filed simply because businesses miss publication updates.
- 6. Delays in Affidavit Preparation - Courts and Registrars prioritize timely, legally valid documentation.
Trademark Opposition Fees
- → Government Fee (per class): ₹2,700
- → Professional Fees (Founders First): ₹3,996
Let's Get You
Incorporated Today !
Registering your company shouldn't be overwhelming. At Founders First, we simplify, support, and strengthen your journey from idea to legal entity.
Fill The Form Today!
Frequently Asked Questions
Get answers to the most common questions about our services.
It’s a legal challenge filed by a third party after your mark is published in the journal.