/ incl. GST


  • Government Fee: Included


/ incl. GST


  • Government Fee: Included


/ incl. GST


  • Government Fee: Included

What is Trademark Opposition?

In India, trademark opposition comes after the registrar has certified the trademark application on the grounds of distinctiveness and published the trademark of the third-party opposition in the journal.

A trademark can be questioned by a consumer, a member of the common person, a competitors, or anybody else. In furthermore, the company filing the trademark opposition must have eventually bought a registered trademark.

Following the lodging of a trademark opposition, both parties must decide whether trademark should be abandoned or registered. The power to file an opposition, on either side, is unfettered.

  • Objection Notice
      We will assess the implications of the notice

  • Affidavit Preparation
      We will prepare the formal affidavit addressing the objections

  • First Interview
      The first interview, if required, will be attended by the lawyer

6 Essential Facts on Trademark Opposition

Lack of distinctiveness (Section 9): When the Registrar/Examiner considers the trademark to be generic and descriptive of the goods/laudatory/indicating the quality or nature of the good, and then the trademark doesn't stand out in the market and is objected. Similarity with pending or registered marks (Section 11): When there is an identical/similar trademark in respect of identical/similar goods/services already on record in the Trade Mark Registry.

A trademark grants you commerical rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.

No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining you logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.

The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.

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