Trademark Opposition in India | File or Defend with Expert Lawyers
Oppose an advertised trademark under s.21 of the Trade Marks Act 1999. File Form TM-O within 4 months of journal publication. Expert opposition drafting by I-Pro.
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Tracked client portal
Real-time status, end-to-end
Money-back accuracy
Refile-free if our error
Flat-fee pricing
No hidden charges, ever
About this service
Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.
Eligibility & thresholds
- Individual, startup, or enterprise
- Distinctive name, logo, or tagline
- Specific Nice classification (Class 1-45)
- Multi-class filing permitted
- Series & collective marks supported
- 10-year statutory validity per renewal
- 50% Govt fee discount for MSME / DPIIT
- Section 9 (absolute grounds) clear
- Section 11 (relative similarity) clear
What's included
Everything in one transparent fee — no add-ons, no surprises.
Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.
| Fee Component | Amount (₹) | Basis / Authority |
|---|---|---|
| Trademark Opposition in India Statutory Fee | ₹1,000 | Official government fee schedule (separate from professional fee)Statutory Authority |
| Total Government Fee | ₹1,000 | (for default assumptions stated below) |
Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.
Required documents
Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.
- ›1. TM-O Notice of Opposition — paragraph-wise statement of grounds (s.9 absolute, s.11 relative, s.18 proprietorship, s.2(1) — Identity and statutory verification
- ›well-known mark, s.32 prior rights, or s.2(1) — Identity and statutory verification
- ›confusing similarity). 2. TM-48 authorisation of agent. 3. Proof of the opposer's mark (registration certificate, application extract, or use evidence if unregistered). 4. Statement of use of the opposer's mark (date of first use, turnover, advertising). 5. Affidavit verifying the contents of the notice of opposition (sworn before a notary) — Identity and statutory verification
How it works
Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.
- 1Customer⏱ 1-2 Days
(opposer) identifies a published mark in the Trade...
(opposer) identifies a published mark in the Trade Marks Journal that conflicts with their rights. - 2I-Pro⏱ 1-2 Days
reviews the opposer's prior rights, the applicant'...
reviews the opposer's prior rights, the applicant's mark, and the class specification. - 3I-Pro⏱ 1-2 Days
drafts the TM-O Notice of Opposition paragraph-wis...
drafts the TM-O Notice of Opposition paragraph-wise, citing specific grounds (s.9/s.11/s.18/s.32). - 4Customer⏱ 1-2 Days
signs TM-48; **I-Pro** uploads documents....
signs TM-48; **I-Pro** uploads documents. - 5I-Pro⏱ 1-2 Days
files TM-O on the IP India portal within 4 months ...
files TM-O on the IP India portal within 4 months of advertisement and pays the fee. - 6I-Pro⏱ 1-2 Days
serves a copy of the notice on the applicant, who ...
serves a copy of the notice on the applicant, who must file a counter-statement in Form TM-O within 2 months (Rule 37). - 7I-Pro⏱ 1-2 Days
files evidence in support of opposition by way of ...
files evidence in support of opposition by way of affidavit (Rule 39) within 2 months of the counter-statement. - 8I-Pro⏱ 1-2 Days
files evidence in support of application within 2 ...
files evidence in support of application within 2 months. - 9I-Pro⏱ 1-2 Days
may file evidence in reply within 1 month....
may file evidence in reply within 1 month. - 10I-Pro⏱ 1-2 Days
schedules a hearing under Rule 38 — both parties a...
schedules a hearing under Rule 38 — both parties are heard; order typically issued within 6–18 months after the hearing.
Common mistakes to avoid
Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.
- 1Proposing a descriptive or generic brand name (Section 9 objection)Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
- 2Filing without a prior phonetic and visual trademark searchWhy: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
- 3Selecting incorrect Nice Class or vague goods specificationWhy: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.
Frequently asked questions
Everything you need to know about this service.
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