Facing a trademark opposition? Our expert legal team provides comprehensive
opposition handling services for both opponents and applicants. We ensure
your rights are protected with strategic legal representation and strong
case preparation.
Our Opposition Services Include
Opposition Filing: Strategic filing of opposition
against conflicting trademark applications
Opposition Defense: Strong defense against oppositions
filed by third parties
Evidence Preparation: Comprehensive evidence collection
and documentation
Legal Representation: Expert representation in
opposition proceedings
Negotiation Support: Assistance in settlement
negotiations and agreements
Hearing Support: Complete support during opposition
hearings
Opposition Process
1
Case Analysis
Thorough analysis of the opposition grounds and
assessment of case strength
2
Evidence Collection
Gather relevant evidence including prior use, market
presence, and legal precedents
3
Response Preparation
Prepare comprehensive counter-statement or opposition
with supporting arguments
4
Evidence Filing
File evidence and supporting documents within stipulated
timeframes
5
Hearing & Decision
Representation in hearings and handling of the final
decision
Frequently Asked Questions
What is a trademark opposition?
A trademark opposition is a legal proceeding where a third party
challenges a trademark application during the publication period. It
allows interested parties to prevent registration of conflicting
trademarks that could harm their business interests.
When can I file an opposition?
You can file an opposition within 4 months from the date of publication
of the trademark application in the Trademark Journal. This period is
non-extendable, so timely action is crucial to protect your rights.
What are the common grounds for opposition?
Common grounds include similarity to existing trademarks, prior use
rights, well-known trademark status, descriptive nature, deceptive or
misleading marks, and bad faith applications. Each case requires
specific evidence and legal arguments.
How long does the opposition process take?
The opposition process typically takes 2-4 years to complete, depending
on the complexity of the case and the number of hearings required. The
timeline includes evidence filing, counter-statements, and final
hearings.
What evidence do I need for opposition?
Evidence may include prior use documents, sales figures, advertising
materials, market surveys, consumer recognition, and legal precedents.
The type of evidence depends on the opposition grounds and case
strategy.
Can I settle an opposition out of court?
Yes, oppositions can be settled through negotiation and agreement between
parties. This often involves coexistence agreements, licensing
arrangements, or withdrawal of applications. Our team assists in
settlement negotiations.
What happens if I lose the opposition?
If you lose as an opponent, the trademark will proceed to registration.
If you lose as an applicant, your application will be refused. You can
appeal the decision to the Intellectual Property Appellate Board or High
Court.
How much does opposition service cost?
Opposition service costs vary based on case complexity, evidence
requirements, and duration. We provide transparent pricing with detailed
cost breakdowns. Contact us for a customized quote based on your
specific case.