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Trademark Opposition: What It Costs and How Long It Takes

Oppositions are lost on the calendar far more often than on the merits. Every deadline in the process is fixed, and two of them cannot be extended by anyone, including the Registrar.

2 to 4 years डिलीवरी
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Timeline: Filing stage

Notice of opposition or counter-statement drafted and filed
Grounds assessment before you commit
Deadline tracking across all stages
Evidence affidavit and exhibits
Rule 46 or Rule 47 evidence
Hearing representation
Adjournment management
Settlement or coexistence negotiation
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Timeline: Through the evidence stage

Notice of opposition or counter-statement drafted and filed
Grounds assessment before you commit
Deadline tracking across all stages
Evidence affidavit and exhibits
Rule 46 or Rule 47 evidence
Hearing representation
Adjournment management
Settlement or coexistence negotiation

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Timeline: Through to decision

Notice of opposition or counter-statement drafted and filed
Grounds assessment before you commit
Deadline tracking across all stages
Evidence affidavit and exhibits
Rule 46 or Rule 47 evidence
Hearing representation
Adjournment management
Settlement or coexistence negotiation

सरकारी शुल्क — आपके द्वारा वास्तविक राशि पर देय

Form TM-O carries a government fee of ₹2,700 per class by e-filing, payable both on the notice of opposition and again on the counter-statement, at actuals. An adjournment request on Form TM-M is ₹900. All government charges sit outside our professional fee.

ऊपर दी गई सभी कीमतें व्यावसायिक शुल्क हैं — GST और सरकारी शुल्क अतिरिक्त। 50% डिलीवरी पर।

All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.

यह कैसे काम करता है

Within 4 months

Notice of opposition

Filed on Form TM-O within four months of the journal advertisement. Miss it and the right to oppose is gone entirely.

Within 2 months

Counter-statement

The applicant answers within two months of receiving the notice. Miss it and the application is deemed abandoned.

Within 2 months

Evidence under Rule 45

The opponent files evidence, or waives it in writing, inside two months. This deadline cannot be extended. Silence is abandonment, not waiver.

Hearing

Rule 50 hearing

Notice gives at least one month. Both sides appear, or the matter is decided on the record.

मुफ़्त 15-मिनट CA परामर्श पाएँ

अपनी आवश्यकता बताएँ, 30 मिनट में CA कॉल करेगा।

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आवश्यक दस्तावेज़

The Trade Marks Journal reference and advertisement date
Your own registration or application details, if you hold one
Evidence of prior use: dated invoices, advertising, packaging, listings
Turnover figures attributable to the mark, year by year
The notice of opposition served on you, where you are defending
Details of the goods or services actually sold under the mark
Any correspondence with the other side
Power of attorney in Form TM-48

CorporateWalla® को क्यों चुनें?

The Rule 45 deadline cannot be extended

The 2017 Rules removed the one-month extension the 2002 Rules allowed, and the courts have held the Registrar has no power to extend under Rule 45 or under Rules 101 and 109. Guides still saying "extendable by one" are quoting repealed law.

Waiver must be in writing

You can rely on your notice of opposition instead of filing evidence, but the waiver has to be communicated in writing inside the same two months. Silence is abandonment.

Any person may oppose

You do not need a registered trademark. A prior user with unregistered rights, a trade association, a competitor or a member of the public can all file.

Prior use needs dated documents

Section 34 protects a prior user against a registered proprietor, which makes it the strongest ground for an opponent with no registration. Assertions in the notice do nothing.

Coexistence settles a lot of these

A larger opponent frequently cares about a narrow slice of your specification and will withdraw if you amend it. That costs a fraction of fighting and takes months instead of years.

We assess settlement before a fight

Sometimes folding is right. Often it is not, particularly where the goods or trade channels genuinely differ, or the opponent’s own mark is vulnerable for non-use.

अक्सर पूछे जाने वाले सवाल

Four months from the date the mark was advertised in the Trade Marks Journal.

Trademark Opposition प्रमुख शहरों में

पूरे भारत में सेवा — 13+ टियर-1 शहर

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