Trademark Opposition (Filing or Defending)
Stop a confusingly similar mark, or defend yours against an opponent.
Reviewed by CA Hitendra Pal Singh· company law, tax and complianceLast reviewed
After a mark is advertised in the Trade Marks Journal anyone has four months to oppose it. On the other side, an applicant who receives a notice of opposition has two months to file a counter-statement or the application is treated as abandoned. Both directions run on strict clocks — notice, counter-statement, evidence rounds, hearing — and we run them.
What is included
- Journal watch and conflict assessment
- Notice of opposition or counter-statement (Form TM-O)
- Evidence affidavits
- Hearing representation
- Registry correspondence throughout
What we will need from you
- Details of your mark and its use — invoices, marketing, dates
- The conflicting application or the notice received
- Power of attorney
- Any prior registrations
How long it takes
Notice or counter-statement within the window; the full proceeding typically runs 12–24 months.
Timelines are typical, not guaranteed. Government processing times vary, and a query from the officer adds to them. We will tell you where yours stands.
Common questions
I missed the four months.
Opposition is closed, but rectification of the register remains available after registration — a separate proceeding we can advise on.
Will there be a hearing?
Usually, after evidence closes; many oppositions settle before it.