Steps of Trade Mark Opposition in India
Understand the complete process of Trade Mark Opposition in India, from filing the Notice of Opposition to the Final Order by the Registrar.
A Trade Mark Opposition is a legal proceeding through which a person or entity can object to the registration of a trade mark after it has been advertised in the Trade Marks Journal.
The opposition process involves several stages, including the Notice of Opposition, Counter Statement, Evidence Affidavits, Rebuttal Evidence, Hearing and Final Order.
Steps of Trade Mark Opposition in India
TM-O (Notice of Opposition)
By OpponentThe Opponent files the Notice of Opposition in Form TM-O against the advertised trade mark.
Opposition Notice
By Trade Marks RegistryThe Trade Marks Registry processes the opposition and serves the Opposition Notice upon the Applicant.
TM-O (Counter Statement)
By ApplicantThe Applicant files a Counter Statement in Form TM-O in response to the allegations and grounds raised by the Opponent.
Opposition Counter Statement
By Trade Marks RegistryThe Trade Marks Registry processes the Counter Statement and serves it upon the Opponent.
Evidence Affidavit under Rule 45 (TOP)
By OpponentThe Opponent files evidence by way of affidavit in support of the opposition.
Evidence Affidavit under Rule 46 (TOP)
By ApplicantThe Applicant files evidence by way of affidavit in support of the trade mark application.
Evidence Affidavit under Rule 47 (TOP)
By OpponentThe Opponent may file evidence strictly in reply to the Applicant's evidence.
Hearing
Before the RegistrarAfter completion of the pleadings and evidence, the matter may be listed for hearing before the Registrar of Trade Marks.
Final Order
By the RegistrarAfter considering the pleadings, evidence and submissions of the parties, the Registrar passes the final order.
Trade Mark Opposition Timeline at a Glance
| Stage | By | Timeline |
|---|---|---|
| TM-O — Notice of Opposition | Opponent | Prescribed opposition period |
| Opposition Notice | Trade Marks Registry | Served upon Applicant |
| TM-O — Counter Statement | Applicant | 2 Months |
| Opposition Counter Statement | Trade Marks Registry | Served upon Opponent |
| Rule 45 Evidence Affidavit | Opponent | 2 Months |
| Rule 46 Evidence Affidavit | Applicant | 2 Months |
| Rule 47 Evidence Affidavit | Opponent | 1 Month |
| Hearing | Registrar | As scheduled |
| Final Order | Registrar | After hearing |
Important
The above timelines relate to the respective procedural stages. The overall disposal of a Trade Mark Opposition may take considerably longer due to Registry processing, service, adjournments, hearing schedules and other procedural factors.
Simple Flow of Trade Mark Opposition
Conclusion
A Trade Mark Opposition in India follows a structured procedure beginning with the TM-O Notice of Opposition and proceeding through the Counter Statement, Evidence under Rules 45 and 46, Rebuttal Evidence under Rule 47, Hearing and Final Order.
Both the Opponent and Applicant should carefully monitor the applicable deadlines and ensure that the required pleadings and evidence are filed within the prescribed time.