Our Legal experts would be helping you to overcome opposition cases whether if any third party is infringing your mark by the way of filing an opposition or if your mark has got opposed by the way of filing the counter statement, as we have separate team of experts who are dedicated and professional to manage opposition proceedings which involves 3 steps:

• Opposition/ Counter Statement
• Evidence Submission
• Opposition Hearing

Trademark opposition is a legal process, governed under Section 21 of the Trade Marks Act, 1999 in India, whereby any person (individual, company, or firm) can file an objection to the registration of a published trademark application within four months of its advertisement. It serves as a, quasi-judicial proceeding to prevent the registration of marks that are deceptively similar to existing, prior-used, or well-known trademarks, or that are descriptive or non-distinctive, with the aim of protecting brand identity and public interest.

• Who Can File: Any person, including the owner of a prior trademark, a prior user, or even a member of the public.
• Time Limit: A notice of opposition must be filed within four months from the date the trademark is advertised (or re-advertised) in the Trademarks Journal. Grounds for Opposition (Sections 9 & 11):
• Absolute Grounds: The mark lacks distinctiveness, is descriptive, or is generic.
• Relative Grounds:The mark is identical or similar to an earlier trademark, causing a likelihood of confusion, or it takes unfair advantage of a well-known mark.
• Other Grounds: Bad faith filing, prohibited under the Emblems and Names Act, 1950, or hurting religious sentiments.
• Process: After the notice is filed (Form TM-O), the applicant must file a counter-statement within two months. Failure to file a counter-statement results in abandonment of the application.

A Counter Statement in trademark law is a mandatory, formal legal document (often Form TM-6) filed by a trademark applicant in response to a "Notice of Opposition". It acts as a defense, allowing the applicant to deny or rebut allegations of infringement, justify the trademark’s validity, and prevent the application from being abandoned. Key details regarding a Counter Statement:

• Purpose: It is a paragraph-by-paragraph response addressing each ground of opposition raised by the opponent.
• Timeline: It must be filed within 2 months (60 days) of receiving the Notice of Opposition, with possible extensions.
• Content: It includes admissions or denials of facts, arguments for why the mark should be registered, and verification.
• Consequences: Failure to file a counter statement within the stipulated time results in the abandonment of the trademark application.

The counter statement is typically filed with the Trademark Registry, and a copy is subsequently served to the opposing party to proceed with the opposition proceedings.

As per standard trademark regulations (such as the Trade Marks Rules, 2017 in India), evidence must generally be filed in the form of a sworn affidavit, accompanied by supporting documents (exhibits).

• Affidavit of Evidence: A legal declaration made under oath that affirms the truth of the facts, such as the date of first use.
• Documentary Evidence (Exhibits): Supporting materials that show the mark in use in the marketplace, including sales invoices, advertisements, packing materials, and website screenshots.
• Purpose: To demonstrate that the trademark is being used in the course of trade, has acquired distinctiveness, or to support a claim of prior use in opposition proceedings.

• Evidence of Use: Demonstrates the actual use of the mark in commerce for specific goods or services. It is essential for proving the extent and duration of use, particularly if a mark is "proposed to be used" or if "prior user" status is claimed.
• Evidence in Opposition (Rule 45): In India, an opponent must file evidence within two months of receiving a counter-statement to support their opposition. If this is not done, the opposition may be deemed abandoned.
• Evidence in Reply (Rule 46/47): Allows the applicant to respond to the opponent's evidence, also usually within a two-month period.
  
  Types of Evidence:
  • Invoices and Sales Data: Invoices displaying the mark, along with sales turnover figures, are crucial.
  • Marketing Materials: Advertisements, brochures, catalogues, and media coverage.
  • Public Perception: Market surveys and customer testimonials that prove the mark has acquired a secondary meaning or distinctiveness.
  • Certificates:Previous registration certificates or court orders recognizing the mark.

If the required evidence is not submitted within the stipulated timeframe, the opposition or the application may be abandoned, or the trademark may be cancelled.

• Section 129 of the Trade Marks Act, 1999: Specifies that evidence before the Registrar shall be given by affidavit, although the Registrar may, at their discretion, take oral evidence.
• Rule 45 of Trade Marks Rules, 2017: Deals with evidence in support of opposition.
• Rule 46 of Trade Marks Rules, 2017: Deals with evidence in support of the application.
• Rule 124 of Trade Marks Rules, 2017: Deals with evidence for determination of a well-known trademark.

A Trademark Opposition Hearing is a formal quasi-judicial proceeding held under Section 21 of the Trade Marks Act, 1999, where the Registrar hears arguments from both the applicant and an opposing party (third party). This stage occurs after the publication of a trademark in the journal and the filing of a Notice of Opposition and Counter-Statement.

• Purpose: To resolve disputes over a proposed trademark, which a third party believes is similar, deceptive, or violates Section 9/11 of the Trade Marks Act.
• Process: It takes place after both sides have submitted their written evidence. The Hearing Officer examines the documents, evidence, and arguments to determine if the mark should be registered or refused.
• Timeline: The opposition must be filed within four months of the advertisement in the Trademark Journal.
• Outcome:Based on the arguments and evidence presented, the Registrar makes a final decision on whether to register the trademark or uphold the opposition.

If the applicant fails to respond or defend, the application may be deemed abandoned