Trademark Opposition
Someone else copying your brand, or an opposition blocking your own application? We prepare and file notices of opposition and counter-statements and see the matter through to the hearing.
Quick answer
Trademark opposition is the process under Section 21 of the Trade Marks Act, 1999 by which a third party challenges a mark after it is published in the Trademark Journal. The opposition notice is filed on Form TM-O within three months of publication, extendable by up to one month, and the applicant must then file a counter-statement.
Key facts
- Opposition happens after the mark is accepted and advertised in the Trademark Journal, before registration.
- Any person can oppose, usually an owner of an earlier similar mark.
- Notice of opposition: Form TM-O, within three months of publication, extendable by up to one month on application.
- If you are the applicant, you must file a counter-statement within the period in the Rules (currently two months from receiving the notice) or the application can be treated as abandoned.
- After pleadings and evidence, the Registrar decides after a hearing.
Common grounds for opposing a mark
- The mark is identical or deceptively similar to your earlier registered or well-known mark
- The mark would cause confusion about the origin of the goods or services
- The applicant filed in bad faith or has no genuine claim to the name
- The mark is descriptive, generic or otherwise barred by Section 9
If your own application is opposed
Do not ignore the notice. The deadline for the counter-statement is strict. We study the opponent claim, prepare the counter-statement and evidence of your use and reputation, and represent you at the hearing.
How the process works
- Review the Journal and the markWe check the published mark against your rights and decide whether opposition has a good chance.
- File Form TM-OThe notice of opposition with grounds is filed within the statutory window.
- Counter-statement and evidenceThe applicant replies, then both sides file evidence in support.
- HearingThe Registrar hears both parties, which can be done online.
- DecisionThe Registrar allows or refuses registration, and the losing side may challenge the order before the competent High Court.
Frequently asked questions
How long do I have to oppose a trademark?
Three months from the date the mark is advertised in the Trademark Journal, extendable by up to one month if you apply with the prescribed form and fee. Missing this window is usually fatal.
What does a trademark opposition cost?
Government fees are fixed by the Rules, and professional fees depend on how contested the matter is. Message us your details for a clear quote.
Can I withdraw an opposition?
Yes, parties often settle, and the opposition or the application can be withdrawn by agreement.
What happens if I do not file a counter-statement?
The Registry can treat the application as abandoned. Respond within the time allowed.
Talk to Trademark Wale
Share your brand name or application number on WhatsApp and get a clear, no-pressure answer on the next step.
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