Trademark Opposition


The specific documents required for trademark opposition may vary based on the case and evidence to be presented. Common documents that may be required include

Trademark opposition is the stage wherein the Trademark Registry after examination has given acceptance to the Trademark Application filed by the Applicant but any layman or ordinary person who believes that the published mark may cause confusion among the public has filed an opposition. The responsibility of defending the trademark lies with the Trademark Applicant.

Grounds for Trademark Opposition:

The following are some of the grounds on which a trademark opposition can be filed in India:
  1. Similarity or Conflicting: The trademark is similar or conflicting in nature to an earlier or existing registered trademark.
  2. Lack of Distinctive Character: The trademark is devoid of distinctive character, making it difficult to differentiate it from other trademarks.
  3. Descriptive in nature: The trademark is purely descriptive and does not possess inherent distinctiveness.
  4. Malafide Intention: The trademark registration application is made with bad faith, such as with the intention to deceive or take advantage of another’s trademark rights.
  5. Likelihood of Confusion: The trademark is likely to deceive the public or cause confusion amongst public.
  6. Contrary to Law: The trademark is contrary to the law or prohibited by law.
  7. Prohibited by the Emblem and Names Act, 1950: The trademark is prohibited under the Emblem and Names Act, 1950.
  8. Religious Offense: The trademark contains elements likely to hurt religious sentiments or feelings of a particular class or section of people.

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Procedure for Trademark Opposition

Opposition Notice




Trademark Opposition Outcome

Advantages of Filing a Reply to Trademark Opposition

Protection of Distinctive Mark

Our Attorneys shall reply to the trademark opposition that shall allow the trademark registrant to assert their rights and protect their distinctive mark from being challenged.

Avoiding Abandonment

a reply to the trademark opposition is not filed within two months, the trademark application may be considered abandoned, resulting in the loss of the opportunity to obtain trademark registration.

Difference between Trademark Objection and Trademark Opposition


Trademark Objection

Trademark Opposition

Issued by

Trademark Registry

Third Party




Reply Timeline

Within 1 month of the report

Within 4 months of publication

No Reply Effect




Before Opposition

After Objection

Trademark vs Copyright vs Patent





What can be protected?

Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.

Inventions, Product or Process.

Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.


Distinctiveness and Uniqueness.

Novel, Unique and Industrial applicability.

Unique and Original work


10 years

20 years

Author’s lifetime + 60 years.