General Eligibility to File
- Any person can file a trademark opposition in India.
- The term “person” includes individuals, companies, firms, partnerships, trusts, and associations.
- There is no requirement that the opponent must own a registered trademark.
- The opponent must have a genuine interest or reason to object to the trademark’s registration.
Interested Parties
- Owners of existing trademarks—registered or unregistered—who believe the new mark is confusingly similar.
- Prior users of a trademark who have established usage rights before the applicant.
- Business competitors seeking to prevent dilution or misuse of their brand identity.
- Consumers, trade organizations, or industry bodies who believe the mark is misleading or deceptive.
Legal Representatives
- An opposition can also be filed through a trademark attorney or agent on behalf of an eligible party.
- Proper authorization (such as Form TM-48) is required if a representative is filing the opposition.
- Corporations or legal entities typically appoint legal counsel to handle the proceedings.
Foreign Entities
- Foreign nationals or companies can file a trademark opposition in India if they have sufficient interest or prior rights.
- They must comply with procedural rules and may require a local representative for hearings or filings.
- International opponents often file objections to protect their brand in the Indian market.
Time and Format for Filing
- The opposition must be filed within four months of the trademark being published in the Trademark Journal.
- It must be submitted using Form TM-O, stating the grounds of opposition clearly.
- Delayed or incomplete oppositions are not entertained by the Trade Marks Registry.



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