After a trademark application is published in the Trademark Journal, any concerned party can formally object by filing a Notice of Opposition—a crucial step that initiates a structured legal review. This article guides you through the who, what, when, and how of this process.
Who Can File an Opposition?
Legally, “any person” may file a Notice of Opposition under Section 21 of the Trade Marks Act, 1999. That includes:
-
Owners of earlier registered or even unregistered but well-known marks
-
Businesses or individuals fearing consumer confusion or dilution
-
Members of the public acting in wider public interest
When Is the Deadline?
Your window to act is limited: you must file within four months from the date the mark is published in the Trademark Journal.
How Is it Filed?
-
Form: Use Form TM‑O for both the notice and later stages.
-
Fee: ₹2,700 per class you wish to oppose. If opposing multiple classes in a single application, pay separately for each.
What Must the Notice Include?
Your notice must clearly contain:
-
The application number of the mark opposed
-
The goods/services class(es) concerned
-
Both your and the applicant’s identities and addresses
-
If applicable, details of the earlier mark, including registration number or priority date, and its scope
-
A clear statement of opposition grounds (e.g., similarity, descriptiveness, dilution, well-known status)
-
A verification clause signed by you or your authorized agent, confirming accuracy of information
What Happens Next?
-
Service: The Registrar serves your filed notice upon the trademark applicant within three months.
-
Applicant’s Reply: The applicant must file a counter-statement using Form TM‑O within two months of being served. No extensions are granted. Failure to respond abandons the application.
| Step | Details |
|---|---|
| Who can oppose | Any “person”—registered or unregistered parties with legitimate interest |
| Deadline | Within 4 months of Journal publication |
| Form & Fee | Form TM-O; ₹2,700 per class |
| Notice Contents | Application number, parties, prior mark if applicable, grounds, verification |
| Registrar Action | Serves notice to applicant within 3 months |
| Counter-statement | Applicant replies in 2 months, or application is abandoned |
Opposition isn’t just a legal formality—it’s a stage where disputes are defined, evidence starts flowing, and brand fates are shaped. A precise, well-grounded Notice of Opposition sets the tone for a strong challenge. Miss the deadline or misfile, and your chance vanishes.
