Learn what Trademark Status Opposed means, how to respond, legal process, timelines & tips to win opposition under Indian law. Expert guide by a trademark lawyer.
If you’ve applied for a trademark and its status now reads “Opposed”, don’t panic—but do act swiftly. In India, trademark opposition is a formal challenge by a third party against the registration of your trademark. Understanding what this means and how to respond can make all the difference in protecting your brand.
In this artiel, we’ll break down everything you need to know about Trademark Status “Opposed” under Indian law, including causes, procedures, timelines, and effective strategies to handle it.
✅ What Does Trademark Status Opposed Mean?
The status “Opposed” appears in the Trademark Status Tracker on the IP India Public Search website when a third party has filed a notice of opposition against your trademark application. This usually happens after the trademark is published in the Trade Marks Journal for public scrutiny.
🔍 Why Would Someone Oppose a Trademark?
A trademark can be opposed on several grounds, including:
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Likelihood of confusion with an already registered trademark.
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Similarity in visual appearance, phonetics, or meaning.
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The mark is generic, descriptive, or non-distinctive.
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The mark is contrary to law or morality.
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The applicant is acting in bad faith.
Most oppositions are filed by businesses or individuals who feel your trademark may infringe upon their brand identity or goodwill.
📜 Legal Basis: Trademark Opposition under Indian Law
Opposition proceedings are governed by the Trade Marks Act, 1999, particularly Section 21, and the Trade Marks Rules, 2017. Once a trademark is published in the journal, any person can file an opposition within 4 months from the date of publication.
🕒 Timeline of Trademark Opposition Proceedings
Here’s how the process unfolds:
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Publication in Journal
→ Trademark is advertised in the journal for public notice. -
Notice of Opposition (within 4 months)
→ Filed by the opposing party using Form TM-O. -
Counter-Statement (within 2 months)
→ Applicant must respond using Form TM-O.
⚠️ If no response is filed, the application is deemed abandoned. -
Evidence in Support of Opposition (within 2 months)
→ Filed by the opponent. -
Evidence in Support of Application (within 2 months)
→ Filed by the applicant. -
Reply by Opponent (within 1 month)
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Hearing and Decision
→ Conducted by the Trademark Registrar.
The process can take 12–24 months depending on complexity and workload at the trademark registry.
🛡️ What to Do If Your Trademark is Opposed?
If your trademark status shows “Opposed,” here are the steps to follow:
1. Consult a Trademark Lawyer
Engage a legal expert to review the notice of opposition and develop a strong counter-statement.
2. File a Timely Response
The counter-statement must be filed within 2 months. Missing the deadline leads to automatic abandonment of your application.
3. Prepare and Submit Evidence
Once the counter is filed, gather documents to prove the originality and prior use of your trademark.
4. Attend the Hearing
The Registrar will weigh arguments from both parties. A strong, well-prepared representation can significantly affect the outcome.
⚖️ Possible Outcomes of Opposition
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Trademark gets Registered – If the Registrar finds in your favor.
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Trademark is Refused – If the opposition is successful.
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Settlement or Withdrawal – Parties may mutually agree to withdraw opposition.
💡 Pro Tips to Avoid Trademark Opposition
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Conduct a Comprehensive Search before filing your trademark.
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Choose a unique, distinctive brand name.
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Avoid terms that are generic or descriptive in your industry.
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Consult a legal expert to evaluate your brand’s registrability.
🔎 FAQs on Trademark Status “Opposed”
Q1. Can I use my trademark even if it is opposed?
Yes, but it’s risky. Until the matter is resolved, you don’t get exclusive rights.
Q2. How long does it take to resolve a trademark opposition in India?
Typically 1–2 years, depending on the complexity and efficiency of proceedings.
Q3. Can opposition be settled out of court?
Yes, parties can mutually agree to withdraw the opposition at any stage.
📌 Concluding
Trademark opposition isn’t the end of the road—but it’s a legal challenge that must be handled with diligence and strategy. Whether you’re an entrepreneur, brand manager, or startup founder, understanding the opposition process ensures that you’re not caught off-guard.
At the heart of it, a strong legal defense backed by solid evidence and expert representation can protect your brand identity in the long run.
📞 Have Questions?
Reach out to us for a confidential consultation and personalized legal guidance.
This content is for general information only, not a legal advice. For specific legal concerns, contact Lawfluencers at hello@lawfluencers.com!