Whether your published mark has been opposed and you need to defend it, or you want to stop a conflicting mark from registering, we handle both sides. Counterstatements, oppositions, evidence, and hearings, across India, the US, the UK, the EU, and beyond, by IP lawyers.
Share the notice of opposition (or your application number, or the mark you want to oppose) and we will tell you the grounds, the deadline you are working to, and how strong the position is. An IP lawyer from our team responds with a clear strategy and a fixed quote.
Deadlines are short and they vary by country, so send the details now and we will confirm your exact deadline before anything is at risk.
A trademark opposition is a formal challenge to the registration of a mark, brought by a third party after the mark is published for opposition. Almost every trademark system in the world has this stage. Once an application clears examination, it is advertised, an existing owner, a competitor, or any interested party then gets a window to oppose it before it registers.
That window, and the deadline to respond, is where oppositions are won and lost, and it differs by country. In India, an opposition must be filed within four months of publication, and the applicant then has two months to file a counterstatement or the application is deemed abandoned. In the United States, opposition runs before the Trademark Trial and Appeal Board within 30 days of publication (extendable). In the United Kingdom, the window is two months (extendable to three) from publication before the UKIPO. In the European Union, it is three months from publication before the EUIPO.
Miss the deadline and you lose the right to object, or worse, lose your own application by default. My Legal Pal handles both sides of an opposition, in whichever jurisdiction your mark is published, so a challenge is met on time and on the merits rather than lost on a missed date.
Opposition is a later stage than a trademark objection. An objection is raised by the examiner during examination; an opposition is raised by a third party after publication. If you are dealing with an examiner’s objection instead, see our reply to a trademark objection service.
The stages are broadly the same worldwide, whether you file or defend. The names and deadlines vary by country.
The opponent files the opposition within the deadline that runs from the mark’s publication, setting out the grounds.
The applicant files a counterstatement rebutting the grounds. Miss the deadline and the application is treated as abandoned.
The opponent files evidence, usually by affidavit or declaration, supporting the grounds of opposition.
The applicant files evidence supporting registration, prior use, distinctiveness, or difference from the cited mark.
Reply evidence where allowed, then a hearing before the registry or board where both sides argue the matter.
The registry decides. The mark proceeds to registration, or the opposition succeeds and it is refused.
Whether you have been opposed, want to oppose someone else, or need to handle a stage of the process, here is what each step involves.
Your published mark has been opposed and you need to file a counterstatement within the deadline. We draft it, rebut each ground raised, and defend the application through to a decision.
A published mark conflicts with yours and you want to stop it registering. We file the notice of opposition on the right grounds, within the window, before it becomes far harder to challenge.
An opposition or counterstatement has landed and you are not sure of the next step or the deadline. Send it to us and we will review it and tell you your options, often the same day.
Monitor new filings and publications so a conflicting mark is caught inside the opposition window, when you can still stop it cheaply, rather than after it registers.
The stage most oppositions actually turn on. We prepare and file evidence, use, reputation, and prior rights, so the strength of your case is properly on the record.
Representation at the opposition hearing before the registry or board, arguing the grounds and the evidence for or against registration.
Many oppositions settle. We negotiate and draft coexistence agreements or consent terms that let both marks live on the register with defined limits, often faster and cheaper than fighting to a decision.
Strategic options short of a full fight, amending the specification, restricting goods or classes, or withdrawing tactically to preserve rights, where that is the smarter move.
Where the opposition turns on bad-faith filing or the reputation of a well-known mark. We build or rebut the reputation evidence these grounds require.
Not sure where your mark or a competitor’s stands. We run a free review of the application status and the opposition timeline so you know exactly what is due and when.
Several marks opposed at once, or a portfolio to defend or oppose across classes and countries. We manage the set together rather than piecemeal.
The whole opposition handled, from notice or counterstatement through evidence, hearing, and decision, in one engagement with one IP lawyer who knows the file.
An opposition, and the defence against it, turns on a handful of recognised grounds. These are broadly consistent across India, the US, the UK, and the EU, though the exact wording and burden differ. The same grounds work in reverse when you are defending: each one the opponent raises is one you rebut.
The most common ground. The published mark is similar or identical to an earlier registered or pending mark, creating a likelihood of confusion. The defence distinguishes the marks phonetically, visually, and conceptually, and shows different goods, classes, or consumers.
The opponent claims they used the mark first, even if unregistered. Prior continuous use carries real weight in common-law systems like India, the US, and the UK. The case lives or dies on dated evidence of who used the mark first and for what.
The mark is generic, descriptive, or non-distinctive and should not have been accepted. The defence shows acquired distinctiveness through use, or that the mark is inherently distinctive.
The application was filed in bad faith, for example to squat on a known brand or block a competitor. This ground needs evidence of the applicant’s knowledge and intent.
A well-known mark can oppose even across different classes, on the basis that use would take unfair advantage of or damage its reputation. Reputation has to be evidenced, not merely asserted.
The idea is the same everywhere, a third party gets a window to challenge a published mark, but the deadline, the forum, and the procedure change from one country to the next. We handle oppositions across the jurisdictions where our clients do business.
Four months from publication in the Trade Marks Journal to file an opposition, then two months for the applicant’s counterstatement, followed by evidence and a hearing before the Registrar. See our dedicated page on trademark opposition in India.
Opposition is filed before the Trademark Trial and Appeal Board (TTAB) within 30 days of publication in the Official Gazette, extendable on request. The procedure is more litigation-like, with pleadings, discovery, and testimony. If you are filing in the US, start with our guide on how to register a trademark in the US.
Opposition is filed at the UKIPO within two months of publication, extendable to three by filing a notice of threatened opposition. We cover the grounds, the cooling-off period, and the evidence rounds. Our guide explains how to oppose a trademark in the UK.
An EU trade mark is opposed before the EUIPO within three months of publication, a single opposition covering all member states. Earlier national and EU rights can both be a basis.
Argentina runs its opposition through INPI after publication in the Boletin de Marcas, and the process has its own quirks. See our guides on trademark opposition in Argentina and trademark registration in Argentina.
These two are constantly confused. The simplest distinction: an objection comes from the Registry before publication; an opposition comes from a third party after publication.
| Basis | Objection | Opposition |
|---|---|---|
| Who raises it | The Trademark Registry (examiner) | Any third party |
| When | During examination, before publication | After publication in the journal |
| Legal basis | Absolute and relative grounds | Third-party opposition grounds |
| You respond with | An objection reply, within the examiner’s deadline | A counterstatement, within the opposition deadline |
| If ignored | Application abandoned | Application abandoned; opponent wins by default |
If what you received is an examination report from the Registry, see reply to a trademark objection. If it is a notice of opposition from a third party after your mark was published, you are in the right place.
The opposition is the attack; the counterstatement is the defence. Understanding both is the key to handling either, whether you are the one challenging a mark or defending your own.
| Aspect | Trademark Opposition | Counterstatement (Reply) |
|---|---|---|
| Who files | Any third party (existing owner, competitor, interested party) | The applicant (who applied for the mark) |
| Purpose | To prevent registration, on grounds of similarity, lack of distinctiveness, prior use, or bad faith | To defend the application by refuting the opposition’s claims |
| Timing | Within 4 months of advertisement in the journal | Within 2 months of the opposition notice |
| Content | Sets out the reasons the mark should not be registered | Counterarguments and justification for registration |
| If successful | The application may be refused | The mark proceeds toward the hearing or registration |
Prakhar Rai is an advocate enrolled with the Bar Council of India and the founder of My Legal Pal. An alumnus of the National Law School of India University (NLSIU), Bangalore, with a Master of Business Laws, Prakhar has 10+ years of experience advising startups, MSMEs, companies, and individual entrepreneurs on intellectual property, contract law, and corporate matters across India and internationally.
His practice has particular depth in trademark prosecution and contentious matters: oppositions and counterstatements, evidence and affidavits, hearings, and coexistence and settlement negotiation. My Legal Pal’s trademark opposition service is led by Prakhar and delivered by a team experienced in opposition proceedings.
Across registration, defence, and enforcement worldwide.
The earlier, examiner-raised stage before opposition.
The India-specific process and deadlines.
A step-by-step guide if a notice has landed.
Catch conflicting marks inside the opposition window.
File and protect your mark from the start.
The UKIPO opposition process explained.
USPTO filing and the TTAB opposition stage.
The INPI process if your mark is opposed.
Enforcement beyond the opposition stage.
We handle both sides of a trademark opposition, across India, the US, the UK, the EU, and beyond. Free review of your notice, fixed fees, and an honest assessment of your position.
Call +91 8004800100