Trademark OPPOSITION/ counter statement filing


Takes 3-4 Days


    When To File An Opposition or Counter Statement?

    After an application is examined and passed all objections. The Registrar will Accept and Advertise the trademark in the Trade Marks Journal. A trademark is published in the journal to intimate the general public about such application and give a final chance to oppose the registration. The application is kept open for oppositions for a period of 4 months. If anybody feels that they will be aggrieved if a trademark is registered in the name of a specific person they may oppose the application. If an opposition is filed against an application then the applicant is required to file a counter statement within 2 months to  dismiss the allegations raised in the opposition. If the counter statement is not filed the application shall be Refused by the Registrar of Trade Marks.


    Trademark Search & Filing

    Before filing an application, a trademark search in the relevant class is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or are registered. The cost of conducting a trademark search is quite insignificant in comparison to the efforts and costs involved in branding. Once the search is made in the relevant class and the search report is positive, the next step will be drafting & filing the trademark application. Upon filing the trademark application the department issues a trademark filing receipt bearing the application number for the concerned application. This trademark application number is helpful in tracking the status of the application in future.

    Examination by Registrar

    Once the application is successfully filed & application number is allotted, the application is then formally examined by the Indian Trade Marks Office, to find any similarity with existing marks. If an objection to registration is raised, an official examination report will be issued. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, a hearing with the examiner is posted. If following examination, the trade mark application is considered registerable, the trademark will be published in the Trade Marks Journal. If the Registrar is not satisfied with the reply to the Examination Report he may issue an order for hearing. After the trademark clears this stage the same is published in the Trademarks Journal. An application is examined within 2 months of the date of application.

    Advertisement in Trade Mark Journal

    After an application is examined and passed all objections. The Registrar will Accept and Advertise the trademark in the Trade Marks Journal. A trademark is published in the journal to intimate the general public about such application and give a final chance to oppose the registration. The application is kept open for oppositions for a period of 4 months. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then a trademark registration certificate will be issued and registration is conclusive. A trademark registration is valid for a period of 10 years from the date of the application which can be renewed from time to time on the payment of the required fees.

    documents required

    Simple Performa

    Fill this simple form provided to you to get started. Documentation arrangement hassle made simple.

    Agent Authorization

    Provide Authorization to our Agent for filing the application on your behalf so that you can sit back and relax and let us handle all the formalities.

    How We Work

    Consult Our Experts

    Once you fill in the above details, our expert will call you to understand your requirements in a better way and to brief you about the entire registration process and suggest you the course of action. Upon confirmation of our engagement by you, we will dedicate you a relationship manager who will take care of all your needs.

    Send Documents Via Email

    We at The Consultant Guru, work towards minimizing the hassles of the client, keeping this moto in mind our executives will give you a single check list of documents needed so that we don’t bother you time and again for documents. In case you are short of a few documents, our consultants help you to provide us the maximum possible alternative documents.

    Payments & Filings

    We believe in the moto of “Pay as we work”. This requires you pay us step by step in 2 tranches instead of giving the whole sum in one shot. The Consultant Guru facilitate payments through secure online payment gateway. After successfully providing the set of documents and partial payment, our experts will start working and provide with regular updates. You will only be required to pay the final sum upon receiving the Certificate of Registration.

    Frequently asked questions

    A trademark is a symbol, word, or words legally registered or established by use as representing a company or product.

    A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement

    Trademark registration is territorial in nature. Thus, filing application for TM registration in India will not accord protection in Australia, America or any other country. In order to protect your trademark in other countries which seems relevant from the business point of view, a separate application need to be filed in each country where you wish to protect/register your trademark.

    Certainly you can file trademark application yourself if you have the knowledge of drafting a trademark application and the skills to give strong contentions at the time of objections and all the time to track your application and pay visits to the department. To file an application online, you either should be a lawyer or a certified trademark agent. Even a Chartered Account unless certified by the Controller General cannot file a Trademark Application.

    It is one of the initial stages of the trademark registration process. As a part of the trademark registration process, any trademark comprising a wordmark is assigned a status of “Marked For Examination” by the Indian Trade Mark Registry.

    A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Properly used and promoted, a Trademark may become the most valuable asset of a business. 

    It is advisable to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.