Trademark Opposition Price - 4999/- + Govt. Fee Extra

Trademark opposition occurs after a trademark is published in the Trademark Journal but before it is officially registered. It gives third parties a chance to challenge the registration of a trademark they believe could cause confusion or harm their own rights.

Procedure for Filing Opposition:

Notice of Opposition (Form TM-5): The opponent must file Form TM-5 along with the prescribed fee to initiate the opposition process. This form is used to outline the grounds for opposition under Section 21 of the Act.

Counter-statement (Form TM-6): Once the opposition has been filed, the applicant (respondent) must submit a counter-statement using Form TM-6 within 2 months from receiving the opposition notice. Failure to file the counter-statement results in the trademark application being abandoned.

Key Points in Opposition and Counter-Statement:

Notice of Opposition (TM-5):

States the grounds for opposing the registration (e.g., similarity with an existing mark, likelihood of confusion, lack of distinctiveness).

Counter-statement (TM-6):

The trademark applicant must defend the registration by addressing each point raised in the opposition.