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Trademark & IPR

Trademark Opposition & Counter-Statement

Stop a confusingly similar mark from being registered – or defend your own application if it has been opposed. We handle the notice, counter-statement and evidence.

  • Filing in 5–7 working days
  • Notice or counter-statement
  • Evidence affidavits
  • Experienced IP lawyers
Trademark Opposition & Counter-Statement

What is a trademark opposition?

Once a trademark application is accepted, it is published in the Trade Marks Journal. For four months from publication, anyone can file a notice of opposition if they believe the mark should not be registered – for example, because it is similar to their own brand. The applicant then has two months to file a counter-statement, failing which the application is treated as abandoned.

When to file an opposition

  • A competitor has applied for a mark identical or deceptively similar to yours.
  • The mark copies your trade name, logo or a well-known mark.
  • The application was filed in bad faith or is descriptive or misleading.

Defending your application

If your application has been opposed, we prepare a strong counter-statement, followed by evidence affidavits and arguments at the hearing to show why your mark deserves registration.

The opposition process

  1. Notice of opposition filed (Form TM-O)
  2. Counter-statement by the applicant
  3. Evidence by the opponent, applicant and reply evidence
  4. Hearing before the Registrar
  5. Decision – registration allowed or refused

We monitor timelines at every stage so no deadline is missed. To catch conflicting marks early, file your own trademark registration and consider periodic journal watching.

Checklist

Documents required for Trademark Opposition

After you purchase, log in to My Account → My Services and upload each document below. Scanned copies or clear phone photos (PDF, JPG or PNG) are fine. Your files are stored privately and seen only by your assigned expert.

  • Trademark journal extract or opposition notice The mark you want to oppose, or the notice you received Required
  • Your trademark certificate or application If your opposition or defence relies on your own mark Required
  • Evidence of use Invoices, sales figures, ads and website pages showing your mark over time Required
  • ID and business registration proof PAN / Aadhaar or incorporation certificate of the owner Required
  • Signed Form TM-48 Authorisation for us to act – we send the format Required
Step by step

Trademark Opposition process with Nevo Legal

  1. Case assessment

    We compare the marks and assess the strength of your case.

  2. Drafting

    Notice of opposition or counter-statement drafted by a lawyer.

  3. Filing

    Filed online on Form TM-O within the deadline.

  4. Evidence stage

    Evidence affidavits prepared with your documents.

  5. Hearing

    Arguments before the Registrar (hearing fee quoted separately).

Deliverables

What you get

  • Notice of opposition or counter-statement
  • Filing acknowledgement
  • Timeline tracking for evidence and hearing
  • Advice on settlement options
FAQs

Trademark Opposition – frequently asked questions

What is the deadline to oppose a trademark?

Four months from the date the mark is advertised in the Trade Marks Journal.

What if I do not file a counter-statement?

If the applicant does not file a counter-statement within two months of receiving the notice of opposition, the application is treated as abandoned.

Can opposition cases be settled?

Yes. Many oppositions are settled through coexistence agreements or by limiting the goods and services. We advise on settlement where it makes sense.

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