After a trademark application is accepted by IP India and published in the Trademarks Journal, any person with a legitimate interest has four months to file a Notice of Opposition. ZenPoint Trademark files oppositions against conflicting marks and defends clients against oppositions received — handling every stage from counter statement through evidence filing and hearing.
- ✓ Filing oppositions against conflicting third-party applications
- ✓ Defending against oppositions filed against your registration
- ✓ Counter statement and evidence preparation
- ✓ Hearing representation before the Trade Marks Registry
- ✓ Consent agreements and settlement negotiations
Filing a Trademark Opposition
If a trademark application has been published in the Trademarks Journal that conflicts with your existing registration or prior use, you have four months from the publication date to file a Notice of Opposition. Oppositions require careful preparation — grounds must be clearly stated, evidence must be properly compiled, and procedural deadlines must be strictly met.
Defending Against an Opposition
If you have received a Notice of Opposition against your trademark application, you must file a Counter Statement within two months. Failure to file a Counter Statement results in the application being deemed abandoned. We prepare the Counter Statement, gather evidence, and represent you through the full opposition proceedings.
Opposition Proceedings Stages
Stage 1 — Notice of Opposition: Filed within four months of publication.
Stage 2 — Counter Statement: Filed by applicant within two months of receiving the opposition.
Stage 3 — Evidence by Opponent: Affidavit evidence supporting the opposition.
Stage 4 — Evidence by Applicant: Affidavit evidence in response.
Stage 5 — Evidence in Reply: Opponent may file reply evidence.
Stage 6 — Hearing: Oral arguments before the Registrar.
Frequently Asked Questions
How long do I have to file an opposition?
Four months from the date the application is published in the Trademarks Journal. This deadline cannot be extended. A trademark watch service monitors the Journal weekly and alerts you to conflicting publications — giving you the full four months to assess and act.
What happens if I miss the opposition deadline?
Once the four-month opposition window closes, the application proceeds to registration and your opportunity to oppose at the Registry level is lost. You would then need to pursue cancellation — a more complex and expensive process. This is why a trademark watch service is essential for any registered trademark owner.
What grounds can I oppose on?
Common grounds include: similarity to your earlier mark, bad faith filing, the mark being descriptive or lacking distinctiveness, deceptiveness, and the applicant having no genuine intention to use the mark. We assess which grounds are strongest in your specific situation.
Can opposition proceedings be settled?
Yes — many oppositions are resolved through consent agreements or negotiated settlements between the parties, without proceeding to a full hearing. We handle settlement negotiations and draft consent agreements where a negotiated resolution is in your interest.
I have received an opposition — what should I do immediately?
Note the date on the opposition notice. You have two months to file your Counter Statement — if you miss this deadline your application is deemed abandoned. Contact us immediately — we assess the opposition grounds and prepare the strongest possible Counter Statement.
Facing an Opposition or Need to File One?
Time-sensitive — opposition and counter statement deadlines are strict. Contact us immediately for an assessment.