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Protect Your Brand from Conflicting Marks in Gurugram?
File opposition against similar trademarks or defend your application from third-party opposition
HERE'S HOW IT WORKS
1. Fill the Form
Simply fill the above form to get started.
2. Call to discuss
Our startup expert will connect with you & complete legalities.
3. Navigate Trademark Opposition Successfully
Our trademark attorneys provide complete support for filing or defending opposition proceedings. Quick and hassle-free.
SIMPLE & TRANSPARENT PRICING
MOST POPULAR
TM Opposition Package in Gurugram
₹7999 /one-time
Registration in 6 working days
Quick 6-day delivery Satisfaction assured
Case Assessment
TM Journal Monitoring
Opposition Notice Drafting
Counter-Statement Filing
Evidence Compilation
Affidavit Preparation
Written Submissions
Hearing Representation
Registry Coordination
Order Analysis
*Statutory charges applicable as per government norms
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Risk-free registration
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Top rated service
IncorpX Prime
Premium incorporation service designed for founders who value speed, compliance, and dedicated support.
Key Benefits
Priority handling by senior registration experts.
Documentation completed in 2 business days.
Round-the-clock WhatsApp support.
Important Notes
We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.
Includes 12-month compliance support covering auditor appointment and statutory filings.
Trademark opposition is a legal proceeding where a third party challenges a trademark application after it's published in the Trademark Journal. Any person can file an opposition within 4 months of publication if they believe the mark conflicts with their rights.
Opposition is different from objection. While objection is raised by the Examiner during examination, opposition is filed by an external party (usually a competitor or existing trademark owner) who believes the applied mark infringes their rights.
At IncorpX, we provide comprehensive Trademark Opposition Services for both scenarios - filing opposition against conflicting marks and defending your trademark from opposition. Our team has handled 2,000+ opposition cases with a 90% success rate.
Opposition proceedings involve multiple stages - notice of opposition, counter-statement, evidence affidavits, written submissions, and hearing. Our experienced trademark attorneys represent you throughout this process.
Types of Opposition Services
We handle both sides of trademark opposition proceedings:
Filing Opposition
If you find a conflicting trademark published in the Journal, we file opposition notice on your behalf to prevent its registration. We monitor the Journal, draft opposition, compile evidence, and represent you through the proceeding.
Defending Opposition
If someone opposes your trademark application, we defend your rights by filing counter-statement, submitting evidence of your use and distinctiveness, and representing you at hearings to get your mark registered.
Important Timeline!
Opposition must be filed within 4 months from the date of publication in the Trademark Journal. The applicant must file a counter-statement within 2 months of receiving the opposition notice, failing which the application is deemed abandoned.
Grounds for Trademark Opposition
Opposition can be filed on various grounds under the Trade Marks Act:
Ground
Section
Description
Similarity
Section 11
Mark is identical/similar to opponent's registered or prior used mark
Well-Known Mark
Section 11(2)
Applicant's mark takes unfair advantage of opponent's well-known mark
Prior Use
Section 11(3)
Opponent has been using the mark prior to applicant's use/filing
Bad Faith
Section 11(10)
Application was made in bad faith with intention to copy
Descriptive
Section 9
Mark is descriptive, generic, or lacks distinctiveness
Deceptive
Section 9
Mark is likely to deceive or cause confusion
What Are the Key Features of Our Opposition Service in Gurugram?
Our Trademark Opposition Services are designed for maximum success:
1. Journal Monitoring
Regular monitoring of TM Journal to identify conflicting applications.
2. Case Assessment
Detailed analysis of opposition merits and success probability.
3. Notice/Counter Drafting
Expert drafting of opposition notice or counter-statement.
4. Evidence Compilation
Comprehensive evidence gathering to support your case.
5. Affidavit Preparation
Detailed affidavits with exhibits for evidence stage.
6. Written Submissions
Legal arguments in written submission before hearing.
7. Hearing Representation
Strong advocacy before the Trademark Hearing Officer.
8. Legal Strategy
Strategic advice on settlement, co-existence, or litigation.
9. Status Updates
Regular updates on proceeding status and next steps.
10. Appeal Support
Support for appeals if opposition order is unfavorable.
Benefits of Professional Opposition Services in Gurugram:
Why expert handling of opposition matters:
Brand Protection
Prevent confusingly similar marks from getting registered and diluting your brand.
Expert Advocacy
Experienced attorneys who understand Registry procedures and legal nuances.
Strong Evidence
Properly compiled and presented evidence significantly improves success rate.
Timely Action
Meeting strict deadlines for opposition, counter-statement, and evidence.
Settlement Options
Expert negotiation for co-existence agreements when appropriate.
Save Your Rights
Successfully defend your application to secure registration.
Protect your trademark rights!
Trademark Opposition Process in Gurugram:
Understanding the complete opposition proceeding stages:
Stage 1: Notice of Opposition (TM-O)
Opponent files TM-O within 4 months of publication, stating grounds of opposition. Registry serves notice to applicant.
Stage 2: Counter-Statement (TM-O)
Applicant must file counter-statement within 2 months, responding to each ground of opposition.
Stage 3: Evidence by Opponent
Opponent files evidence affidavit within 2 months supporting their opposition with documents and exhibits.
Stage 4: Evidence by Applicant
Applicant files evidence affidavit within 2 months in support of their application and rebutting opponent's evidence.
Stage 5: Reply Evidence (Optional)
Opponent may file reply evidence within 1 month strictly confined to matters in applicant's evidence.
Stage 6: Hearing
Both parties present oral arguments before the Hearing Officer. Written submissions may be filed prior to hearing.
Stage 7: Order
Hearing Officer issues order either allowing or dismissing the opposition. Unsuccessful party can appeal within 3 months.
Proactive: Journal monitoring for early detection.
Full Representation: From notice to hearing.
Transparent Pricing: No hidden fees.
FAQs on Trademark Opposition
Have questions about trademark opposition proceedings? We've compiled answers to help you understand the process.
These FAQs cover opposition filing, defense, timelines, and procedures.
Trademark opposition is a legal proceeding where a third party challenges a trademark application after its publication in the Trademark Journal, preventing its registration based on valid legal grounds.
Any person can file opposition - you don't need to be a trademark owner. However, you must have valid grounds like prior use, similarity with your mark, or public interest concerns.
Opposition must be filed within 4 months from the date of publication in the Trademark Journal (3 months + 1 month extension). This deadline is strict.
The Trademark Journal is a weekly publication by the Registry listing all accepted trademark applications. It's published every Monday and is available online on IP India website.
If you don't file counter-statement within 2 months of receiving opposition notice, your trademark application is deemed abandoned and the opposition is allowed by default.
Objection is raised by the Examiner during examination (internal). Opposition is filed by a third party after publication (external). Both are different proceedings with different procedures.
Opposition proceedings typically take 2-4 years to conclude. The timeline includes notice, counter-statement, evidence stages, hearing, and order. Delays are common.
Yes. Parties can enter into settlement or co-existence agreements at any stage. Such agreements are filed with the Registry, and opposition is withdrawn accordingly.
A co-existence agreement is a contract where both parties agree to use their similar marks in defined territories or product categories without interfering with each other.
Evidence includes: registration certificates, invoices, advertisements, sales data, customer testimonials, market surveys, and any documents showing use, reputation, and confusion likelihood.
If opposition is allowed, your trademark application is refused. You can file an appeal before the High Court within 3 months of the order.
If your opposition is dismissed, the applicant's mark proceeds to registration. You can file an appeal before the High Court within 3 months or consider rectification after registration.
Yes, a hearing is typically scheduled after evidence stages. Both parties present oral arguments. If a party doesn't appear, the case may be decided ex-parte (on available evidence).
Yes. You can oppose based on prior use even without registration. Evidence of prior use, reputation, and goodwill in the mark is required.
Costs include: government fees for filing (₹2,700 per class), professional fees for attorneys, evidence compilation costs, and hearing representation fees.
Yes. International registrations designating India through Madrid Protocol are published in the Journal and can be opposed within the same 4-month window.
Written submissions are legal arguments filed before hearing, summarizing your case, citing relevant case laws, and highlighting key evidence. They guide the Hearing Officer.
Yes, opposition can be withdrawn at any stage by filing a withdrawal application. This is common in settlement situations where parties reach mutual agreement.
IncorpX's trademark opposition services start at ₹7,999 for filing/defending opposition. This includes drafting, evidence compilation, and hearing representation.
Getting started is easy:
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