Preliminary Steps Before Filing

• Identify the conflicting trademark that has been advertised in the Trademark Journal.
  
• Verify the publication date to calculate the four-month opposition window.
  
• Assess the legal grounds and evidence to support your claim against the trademark.
  
• Consult with a trademark attorney if needed to prepare a strong and compliant opposition.
  

Filing the Notice of Opposition

• File the opposition using Form TM-O either online through the IP India portal or at the Registry office.
  
• Include key details such as the opponent’s name, address, and trademark details.
  
• Clearly state the grounds of opposition, referencing sections of the Trade Marks Act, 1999.
  
• Pay the prescribed government fee for each class opposed.
  

Service of Counter-Statement

• The Registry sends a copy of the opposition notice to the applicant.
  
• The applicant must file a Counter-Statement within two months from receipt of the notice.
  
• Failure to file the counter-statement results in abandonment of the application.
  

Evidence and Hearing Process

• The opponent must file evidence in support of opposition within two months of receiving the counter-statement.
  
• The applicant then files evidence in support of the application, followed by rebuttal evidence by the opponent.
  
• A hearing is scheduled by the Registrar after reviewing all written submissions.
  
• Both parties may appear personally or through representatives to present their arguments.
  

Final Decision and Outcome

• The Registrar evaluates the documents, evidence, and hearing submissions.
  
• A written decision is issued either accepting or rejecting the opposition.
  
• If the opposition is upheld, the trademark application is refused.
  
• If dismissed, the trademark proceeds to registration, and a certificate is issued to the applicant.
  
• Either party may appeal the decision before the High Court within the prescribed time limit.