Trademark Opposition Services in Dwarka, Delhi

Trademark opposition is a critical stage in the trademark registration process. It allows any person to legally object to a trademark application that is published in the Trade Marks Journal.

At Vivek Tiwari & Company (Tiwariv), based in Dwarka Sector 23B, Delhi, we advise and represent clients in trademark opposition matters, both for filing a notice of opposition and replying to a notice of opposition.

This service is relevant when your brand rights are at risk or when your own trademark application is challenged. Timely and correct legal action is essential at this stage.

What Is Trademark Opposition and Why Does It Matter?

Definition

Trademark opposition is a statutory remedy under Indian trademark law. It ensures that identical or deceptively similar marks do not get registered.

Right to Oppose

Once a trademark is advertised, any aggrieved party has the right to oppose it.

Risk

If opposition is ignored or mishandled, it can result in permanent loss of brand rights.

Experience

From practical experience, many applicants lose cases not because of weak merits but because of missed deadlines, improper pleadings, or incorrect evidence filing.

Applicable Laws & Compliance Framework

Governing Laws

- Trade Marks Act, 1999
- Trade Marks Rules, 2017

Key Legal Provisions

- Section 21 of the Trade Marks Act, 1999 - Opposition to registration
- Rule 42 to Rule 50 of the Trade Marks Rules, 2017 - Procedure, timelines, and evidence

Strict Timeline

The trademark opposition period is 4 months from the date of publication in the Trade Marks Journal. This timeline is strict and non-extendable.

Trademark Opposition Procedure (Practical Overview)

The procedure depends on whether you are opposing a mark or defending your own application.

Filing Opposition to Trademark

Review of published trademark and class

Legal grounds under absolute or relative grounds

Filing Notice of Opposition (Form TM-O)

Submission of evidence in support

Hearing before the Registrar of Trademarks

Answer to Notice of Opposition Trademark

Drafting a legally sound counterstatement

Filing within 2 months from receipt

Evidence in support of the application

Hearing and final arguments

Each step involves statutory deadlines. Missing any stage can significantly weaken the case.

Who Should Opt for Trademark Opposition Services

This service is relevant for:

Business owners protecting brand identity

Startups facing objections after the application

Companies opposing similar or misleading marks

Professionals and MSMEs with registered or prior-use marks

If your mark is opposed or if you wish to oppose another mark, early legal advice helps you decide on a strategy.

Documents & Information Required

For trademark opposition or defence, the following are generally required:

Trademark application number and class

Copy of Trade Marks Journal publication

Proof of prior use (invoices, advertisements, website records)

Authorization and identity documents

Any previous correspondence or notices

Our team reviews documents carefully before drafting pleadings.

Common Issues, Delays & Practical Risks

In real cases handled at our Dwarka office, common problems include:

Filing opposition without valid legal grounds

Weak or no evidence of prior use

Delay in filing the counterstatement

Improper drafting of pleadings

Non-attendance during hearings

Such lapses often lead to dismissal, even where the client has a genuine case.

Why Choose Vivek Tiwari & Company, Dwarka, Delhi

Local presence in Dwarka Sector 23B, Delhi

Hands-on experience in trademark opposition matters

Clear explanation of risks and legal position

End-to-end handling, including hearings and follow-ups

Practical advice based on case-specific facts

We focus on legal clarity, not unrealistic assurances.

Facing Trademark Opposition? Consult Experts in Dwarka

If you have received a notice of opposition or want to file opposition to a trademark, consult Vivek Tiwari & Company (Tiwariv) at our Dwarka Sector 23B office.

Early professional guidance helps protect your brand and avoid procedural mistakes.

Frequently Asked Questions

1. What is a notice of opposition trademark?

It is a formal objection filed against a trademark application after publication.

2. What is the trademark opposition period in India?

Four months from the date of publication in the Trade Marks Journal.

3. How to fight a trademark opposition?

By filing a timely and legally sound counterstatement with proper evidence.

4. Can anyone file a trademark opposition?

Yes. Any person can oppose, not only registered trademark owners.

5. What happens if I miss the reply deadline?

The application may be treated as abandoned.

6. Is hearing compulsory in trademark opposition?

In most contested matters, yes. The Registrar may fix a hearing.

7. Can trademark opposition be settled?

Yes, in some instances, through withdrawal or consent, depending on the facts.