Home  / IP & Legal / Trademark Opposition

Trademark Opposition – Expertvuw
IP · Trademarks

Trademark Opposition – Filing or Defending an Opposition After Journal Advertisement

Last updated: 2 October 2026

Once a trademark is advertised in the Trade Marks Journal, anyone can oppose it within four months. Expertvuw’s team helps brand owners spot conflicting marks, prepare the notice of opposition or counter-statement, and organise evidence, with the matter conducted through registered trademark agents or advocates.

Overview

How Trademark Opposition Works

Under section 21 of the Trade Marks Act, 1999, any person can oppose the registration of a trademark within four months of its advertisement in the Trade Marks Journal. The opposition is filed in Form TM-O with the official fee (₹2,700 per class), setting out the grounds — for example, similarity to an earlier mark, bad faith, lack of distinctiveness or prior use.

The applicant must file a counter-statement within the prescribed time, failing which the application is treated as abandoned. Both sides then file evidence by affidavit — the opponent first, then the applicant, then the opponent’s reply evidence — followed by a hearing before the Registrar, who decides whether the mark proceeds to registration.

For applicants, a well-prepared counter-statement and evidence of use are central. For brand owners, regular monitoring of the Journal is the only way to catch conflicting marks within the four-month window.

Basis: Trade Marks Act, 1999 (section 21); Trade Marks Rules, 2017 (opposition procedure); IP India official fee schedule. Last updated: 27 September 2026.

Talk to Our Team →
What This Service Covers

What We Help With

1

Assessing whether to oppose a conflicting mark

2

Preparing the notice of opposition (TM-O)

3

Preparing the counter-statement for applicants

4

Organising evidence affidavits and documents

5

Hearing preparation through agents or advocates

Key Facts

Window

Four months from the date of advertisement in the Trade Marks Journal.

Form & fee

TM-O, ₹2,700 per class (official fee).

Counter-statement

Must be filed within the prescribed time, or the application is abandoned.

Evidence

Filed by affidavit by both sides in stages.

Hearing

The Registrar hears both sides and decides.

Appeal

Decisions can be challenged before the High Court.

Common Issues

Common Mistakes

Opposition outcomes often turn on deadlines and evidence.

M

i

M

i

W

e

Related Services

Related services

Opposition connects with these services.

Trademark Monitoring

Watching the Journal for conflicts.

Trademark Objection

Replying to examination reports.

TM Infringement Notice

Notices against infringers.

Trademark Registration

Filing a new trademark.

Documents Required

Documents we need from you

Case Details

Evidence

Our Process

How the Process Works

1

Assess

Review the marks and grounds.

2

File

File TM-O or the counter-statement.

3

Evidence

Prepare and file evidence affidavits.

4

Reply evidence

Respond to the other side's evidence.

5

Hearing

Present arguments at the hearing.

6

Decision

Registrar decides; appeal if needed.

Talk to Our Team →
After the Decision

After the Decision

The outcome shapes your next steps.

I

f

I

f

U

p

K

e

Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    When can a trademark be opposed?

    Within four months from its advertisement in the Trade Marks Journal.

    Any person, not only the owner of an earlier mark.

    The official fee for Form TM-O is ₹2,700 per class.

    The application is treated as abandoned.

    It varies; evidence stages and hearings can take a considerable time.

    About Expertvuw

    Who Handles Your Opposition

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Trademark, copyright and design filings are prepared by Expertvuw’s team and filed through registered trademark agents or advocates where the law requires. Patent drafting and prosecution are handled by independent registered patent agents, and representation before the Registrar, the Controller or courts is made by agents or advocates.

    Expertvuw Management Pvt Ltd