Protect Your Brand from Conflicting Trademark Registrations
A Trademark Opposition is a legal procedure through which any third party can challenge the registration of a trademark after it is published in the Trademark Journal.
If someone files a trademark similar to your brand name, logo, or identity, you have the right to file an opposition before the Trademark Registry to prevent its registration.
AUS Accounting & Business Solutions provides professional assistance in Trademark Opposition Filing and Defense Services in India.
📞 Call / WhatsApp: +91-9990976958
🌐 Website: www.austax.in
When Can Trademark Opposition Be Filed?
Once a trademark application is published in the Trademark Journal, any person can file an opposition within:
4 Months from the date of publication
Failure to file within this period may allow the trademark to proceed toward registration.
Common Grounds for Trademark Opposition
A trademark opposition can be filed on several legal grounds, including:
1. Similar or Identical Trademark
If the applied trademark is identical or confusingly similar to an existing registered or well-known trademark.
2. Prior Use of Trademark
If the opponent has prior use and reputation of the trademark in the market.
3. Lack of Distinctiveness
If the applied trademark is generic, descriptive, or lacks uniqueness.
4. Bad Faith Application
If the applicant intentionally filed the trademark to take unfair advantage of an existing brand.
5. Likelihood of Consumer Confusion
If the trademark may cause confusion or deception among consumers regarding the source of goods or services.
Trademark Opposition Filing Process
Step 1 – Trademark Journal Monitoring
Our experts monitor the Trademark Journal to identify trademarks similar to your brand.
Step 2 – Legal Analysis
We analyze:
• Similarity of trademarks
• Class of goods/services
• Market reputation
• Legal grounds for opposition
Step 3 – Drafting Notice of Opposition
We prepare a detailed Notice of Opposition including:
• Legal arguments
• Evidence of prior use
• Supporting documents
• Case references
The notice is filed with the Trademark Registry in Form TM-O.
Step 4 – Counter Statement by Applicant
The trademark applicant must file a Counter Statement within 2 months of receiving the opposition notice.
If no counter statement is filed, the application is automatically abandoned.
Step 5 – Evidence Submission
Both parties submit evidence in stages:
1️⃣ Evidence in support of opposition
2️⃣ Evidence in support of application
3️⃣ Evidence in reply
Step 6 – Trademark Hearing
The Trademark Registry may schedule a hearing before the Trademark Registrar where both parties present legal arguments.
Step 7 – Final Decision
After reviewing evidence and arguments, the Registrar will:
✔ Accept the opposition and reject the trademark
OR
✔ Reject the opposition and allow registration
Our Trademark Opposition Services
AUS Accounting & Business Solutions offers complete opposition management services, including:
✔ Trademark journal monitoring
✔ Legal consultation on opposition grounds
✔ Drafting Notice of Opposition (TM-O)
✔ Filing opposition before Trademark Registry
✔ Preparing Counter Statements
✔ Evidence preparation and submission
✔ Legal representation in hearings
✔ Follow-up until final decision
Documents Required for Trademark Opposition
• Details of Opponent
• Trademark Application Number
• Evidence of Prior Trademark Use
• Trademark Registration Certificate (if available)
• Supporting Documents and Proof of Brand Reputation
Professional Fees – Trademark Opposition Services
| Services | Professional Fees |
|---|---|
| Trademark Opposition Filing (TM-O) | ₹7,999 |
| Counter Statement Drafting | ₹6,999 |
| Evidence Preparation & Filing | ₹9,999 |
| Hearing Representation | ₹12,999 |
Government fees extra as per Trademark Registry rules.
Why Choose AUS Accounting & Business Solutions
✔ Experienced Trademark Professionals
✔ Strong Legal Drafting
✔ Affordable Professional Fees
✔ End-to-End Trademark Support
✔ Quick Response to Trademark Conflicts
We ensure your brand identity remains legally protected from infringing trademarks.
Contact Us
AUS Accounting & Business Solutions
🌐 Website: www.austax.in
📞 Mobile: +91-9990976958
For Trademark Opposition Filing, Trademark Disputes, and Legal Brand Protection, contact our experts today.
