What is Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.

What You Will Get

Draft Replay
A copy of the draft reply to the trademark opposition

Documents Required for Objection Filing

 Trademark Application ID
A copy of the trademark application ID, including details of registered trademark

 Power of Attorney
Executed on a non-judicial stamp paper authorising our attorney to act on your behalf.


How long does it take?


3 days




Checking Objection Status

1 Working Hour
In case you filed your trademark application with us, we will be able to monitor your application status and alert you of any Oppositions raised. You can also check the status of your Trademark application on the official IPIndia portal. If a suitable reply is not filed for the trademark Opposition, the trademark will be abandoned.


Drafting of Replay

7-8 Working Day
Our attorney will draft a Reply to the Opposition raised against your Trademark application. In the reply, every Opposition raised in the examination report will be addressed and replied to. Our attorney will also draft the necessary affidavits (if required / applicable).

DAY 10

Reply Filing

1 Working Day
Our trademark attorney will file the reply prepared against the opposition along with the required documents such as TM-O with the trademark office. You require to sign an authorization document so that the application can be made on your behalf to the trademark office by a trademark attorney.


DAY 14

Filing Completed
Hearing Granted

Frequently Asked Questions


What is the deadline to file the reply?

The deadline to file trademark opposition reply or Counter-statement is thirty days from the date of issuance of the report to the applicant or Sixty days of the opposition status being published online.

Who issues the Examination report?

The Trademark examiners at Trademark registry issue the examination report.

What are the grounds for trademark Opposition?

The opposition will be raised by the third party as under the Trademarks Act, 1999 in the following situations:

  • Descriptive name: If the Trademark is comprehensive, or directly indicates the basic nature of the product or service, an objection will be raised.
  • Deceptive or identical: If the trademark is deceptively similar or will likely confuse the public or is imitating of an already registered trademark, an objection will be raised.
  • Prohibited: If the trademark goes against the names and logos mentioned in the Emblems and Names act, 1950 or any other related law, the application will be objected by the Examiner.

Is the appointment of an attorney is mandatory to file a reply?

The reply is an opportunity to present your arguments against the opposition raised by the Examiner and should be filed properly. It is mandatory to hire a lawyer to file a reply, it is advisable to seek legal help, to better your odds.

Attorneys have an experienced understanding of trademark issues and would be able to provide sound legal advice.

My trademark application continues to be marked as ‘opposed’ even after the examination reply is filed. What should I do?

The examiner would take roughly 4-5 months to look at the trademark examination reply and analyse the same. So, it might take some time for the status to change.

How do I check if my reply has been filed by my lawyer?

On the IPIndia’s portal, you can check the status of your trademark application. If the counter-statement has been filed, the ‘Form TM-O’ will become active at the end of the application, which you can download. Also, you would have received a receipt for reply filing from the attorney who filed the same.

I missed my Trademark examination reply deadline, but the status is still shown as objected. Can I file the reply now?

Yes, as long as the status is shown objected the applicant is eligible to file the reply to the examiner. However, the deadline should be taken seriously.

Why should I file an opposition reply?

Filing a Trademark opposition reply will help the applicant in the following ways-

  • The application will be saved from being abandoned
  • The Trademark will progress to the next stage of the trademark application process
  • Filing a reply will be a chance to defend your trademark

What is the prescribed form to file examination reply?

The e-form for filing examination reply is TM-O which is to be filed within sixty

days of the receipt of the examination report.


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