# Trademark Opposition

> After a trademark is accepted it is advertised in the Trade Marks Journal, and anyone can oppose it within four months of publication. The applicant must file a counter-statement within two months of receiving the opposition notice, or the application is deemed abandoned. Both sides then file evidence, and the matter is decided after a hearing.

Practice: Trademark, Copyright & Patents — https://www.industax.com/services/trademark-ip/

If you are the opponent, watching the journal is the only way to catch a conflicting mark in time — once registered, removing it is harder. If you are the applicant, the counter-statement is critical because its deadline is strict.

Oppositions take time, so settlement through coexistence agreements is common. We assess strength on both sides before you commit to a long proceeding.

## Key facts

| Item | Detail |
| --- | --- |
| Opposition window | 4 months from journal publication |
| Counter-statement | Within 2 months of receiving the notice of opposition |
| Missing the counter-statement | Application deemed abandoned |
| Stages | Pleadings, evidence, hearing, decision |

## Who needs this

- Brand owners who spotted a similar mark in the journal
- Applicants whose mark has been opposed
- Businesses negotiating coexistence

## What's included

- Merits assessment
- Notice of opposition or counter-statement
- Evidence affidavits
- Hearing and settlement support

## Documents

- Journal extract
- Your registrations and evidence of use
- Correspondence with the other side

## Process

1. **Assess** — Strength of the case and settlement options reviewed.
2. **Plead** — Opposition or counter-statement filed on time.
3. **Evidence** — Evidence and replies filed.
4. **Hearing** — Matter argued and decided.

## FAQs

### How long do I have to oppose a trademark?

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

### What happens if the applicant doesn't file a counter-statement?

The application is deemed abandoned.

### Can an opposition be settled?

Yes. Parties often settle through coexistence or limitation of goods, and the opposition is withdrawn.

## Official sources

- IP India — Trade Marks Registry & e-filing: https://ipindia.gov.in/

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Canonical page: https://www.industax.com/services/trademark-ip/trademark-opposition
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.