After the advertisement of trade mark in the Trade Marks Journal, any third party may file an opposition to the registration of the trade mark within 4 months from the date of advertisement.

The trade mark status in the Indian Trade Mark Registry website shows as “Opposed” when such opposition has been filed by a third party (“opponent”). A third party usually files an opposition when there is a similar trademark published in the Journal or if the trade mark is alleged to be non-distinctive.

The trade mark status changes from “Advertised” to “Opposed” when a notice of opposition is filed by a third party. The notice of opposition is served on the applicant which sets out the grounds on which the opponent has based his opposition. It is imperative that a counter statement is filed by the applicant within 2 months from the date of receipt of notice of opposition, failing which it will be considered that the applicant is not interested in contesting  the opposition. Accordingly, the trademark application will be abandoned if no such counter statement is received by the Registry within the stipulated period. It is important to note that no extension of time is granted for filing the counter statement.

Once the counter statement is filed by the applicant and served, the opponent is required to file the evidence in support of opposition within 2 months from the date of receipt of counter statement. The applicant is then required to file the evidence in support of application within 2 months from the date of receipt of evidence in support of opposition. The opponent then has an opportunity to file an evidence in reply. This ends the documentation stage in the opposition proceedings, after which the Registrar hears arguments from both parties or its agents before disposing off the matter.

Trade mark opposition is a lengthy process and it usually takes years for the Registrar to pass orders on the opposition.