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The World Manufacturer Identity (WMI) is a globally recognized code used to identify vehicle manufacturers. WMI registration ensures traceability, compliance, and global brand recognition for automotive makers.

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BIS Scheme X Certification - Process, Documentation and Fees Structure- Updated Guide 2025-2026

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Give Your Products KC Certification

KC Certification is a major mandatory condition for many products that are developed to reach Korea’s genuine profitable consuming market. KC Certification is otherwise known as KC Registration or simply the Korean Certificate, and denotes compliance with Korean safety standards and regulations.

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Get ISO Certification for Your Business – Ensure Quality and Global Compliance

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Get Your Drone Registered in India—Effortlessly and Compliantly

Drones above nano size must be registered on Digital Sky and obtain a UIN, Type Certificate, remote-pilot certificate (for commercial use), and insurance—while adhering to airspace rules and NPNT protocol.

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Obtain Your No Objection Certificate (NOC) for Steel Importers with Ease

Importing steel into India? Get your No Objection Certificate (NOC) under the Steel Quality Control Order (QCO) without delays or compliance risks. Diligence Certifications offers complete support for steel importers—ensuring your products meet Ministry of Steel and BIS regulations, and helping you avoid customs issues, rejections, or penalties. Stay legally compliant, save time, and streamline your steel import process with our expert certification services.

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End-to-end certification and regulatory compliance for Indian and global markets.

Register your business with ease and stay compliant with Indian regulations. We take care of end-to-end documentation, approvals, and legal formalities for startups, MSMEs, and enterprises.
Getting your business Public Limited Company Registration

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Trademark Opposition: Steps, Deadlines, and Legal Insights

  • Trademark opposition is a legal process that allows third parties to challenge a trademark application before it’s officially registered.
  • It helps prevent the registration of marks that are identical or confusingly similar to existing trademarks.
  • The opposition must be filed within a specific time (usually 3–4 months) after the trademark is published in the trademark journal.
  • Common grounds for opposition include prior use, similarity, bad faith filing, or potential consumer confusion.
  • Trademark opposition protects brand owners’ rights and maintains the integrity of the trademark register.

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Introduction

Trademark opposition plays a vital role in the trademark registration process, as it provides a mechanism for third parties to oppose a trademark application prior to its official registration. After an application is published in the Trademark Journal, an individual, business, or interested party who believes that the mark might infringe on their rights or create a likelihood of confusion in the market may oppose the registration of the trademark within four months of the date it is published.

The Trademark Act, 1999 provides the statutory foundation for trademark opposition in India. The opposition process provides transparency in the registration process, allowing individuals responsible for existing registered marks to oppose the registration of a similar mark. The opposition process protects existing brand owners from unfair competition and protects consumers from being deceived.

Who Can File a Trademark Opposition?

According to Section 21 of the Trade Marks Act, 1999, any person or individual can oppose a trademark application irrespective of having a direct business or personal interest.  A trademark can be opposed by: 

  • An existing trademark owner
  • A competing or rival business
  • A consumer or member of the public that believes that the mark will cause some confusion
  • Anyone that believes that the registration will be confusing or deceptive in a misleading way

Once an opposition is filed, both sides – the opponent and applicants must participate in the proceedings to determine whether the trademark or registered mark in question will be published for opposition, should be registered or abandoned.  Any person or individual that has a reasonable belief that a trademark can create confusion, deceive consumers, or harm goodwill will have the right to oppose the trademark, and the applicant will need to defend their mark to the Trademark Registrar.

Reasons to Oppose a Trademark

The Indian Trade Marks Act, 1999 does not specifically outline causes on which an opposition application may be based, however, there are still reasons to believe that there may be a proper basis for opposing a trademark. A Trademark Opposition may be founded on: 

  • The trademark applied for is either identical to or deceptively similar to a registered or pending trademark.
  • The trademark is not distinctive and cannot distinguish one brand’s goods or services from those of another.
  • The trademark is descriptive or generic in nature and directly describes the goods or services for which it has been applied for.
  • The application for a trademark is submitted mala fide or with dishonest intent.
  • The trademark is used widely in the marketplace or in a trade or business and lacks the proprietary nature.
  • The mark submitted for registration will likely cause deception or confusion to the public.
  • The mark is outlawed or its use is contrary to some other law.
  • The trademark is contrary to the Emblems and Names (Prevention of Improper Use) Act, 1950.
  • The trademark includes wording or other descriptors that may offend the religious feelings of any community or class.

Where to File a Trademark Opposition Notice in India

A notice of opposition must be submitted to the Trademark Registry where the original application for the mark was filed. 

For example, if someone submitted a trademark application at the Delhi Trademark Registry, the opposition proceedings can only be initiated and conducted at the Delhi Trademark Registry.

What to Do If Your Trademark Status Shows “Opposed”?

If your application status displays “Opposed,” that means a third party has opposed your application for a trademark registration. You will need to file a Counter-Statement, which must be done within a period of four months (three months + 1-month extension) starting from the date of the publication of the opposition notice.

It is highly encouraged that you seek professional help from a trademark professional to properly prepare and timely submit the counter-statement.

If you do not file a counter-statement within the time period given, your trademark will be considered abandoned and your rights to the mark will expire.

What is the Trademark Opposition process ?

The Trademark opposition procedure means that the trademark application is granted only after some due diligence and being fair to allow objections. For your understanding, we will give you the simplified procedure of how it works:

Filing a Notice of Opposition

  • A person may file a Notice of Opposition within four months from the day of the first advertisement of the trademark in the Trademarks Journal. 
  • An Opposition Notice may be submitted to the Registrar in the usual way using Form TM-O (formerly, TM-5) and the appropriate fee.
  • The Notice must include the name and address of the opponent, particulars of the grounds of opposition, and any documents the opponent wishes to rely on. 

Counter Statement by Applicant

  • Once the opposition has been actioned, the Registrar serves the applicant with a copy of the opposition notice.
  • The applicant must file a counter statement of opposition within two months from the date the applicant received it.
  • If a counter statement is not filed, the trademark application will be automatically abandoned.

  • Once the counter statement is filed, both the applicant and the opponent will have to submit evidence to support their position in the opposition. 
  • Following the evidence stage of the opposition, the Registrar will set a date for a hearing, giving both parties a minimum of one month notice. 
  • If either party fails to appear, the Registrar may proceed to decide the case ex parte. 

Decision of Registrar and Appeal

  • After reviewing the documentation and hearing both sides, the Registrar of Trademarks will determine whether the opposition will be accepted or dismissed. 
  • If the opposition is upheld, the registrar will refuse the application for international registration 

Trademark Opposition Time Limit

  • A Notice of Opposition must be filed within three months of the date of advertisement in the Trade Marks Journal, which may be extended for a further month.
  • Opposition proceedings take place before the Trademark Registry, not directly before a court.

Difference Between Trademark Objection and Opposition

  1. Information on the Opposed Trademark – Describe the application number, class, goods/services, and name of the applicant.
  2. Grounds of Opposition – Reference to an existing trademark application, registration, or well-known mark, along with evidence to support it.
  3. The Opponent’s Information – including the name, address, and proof of ownership of the earlier trademark or right.
  4. Details of a Foreign Opponent (if applicable) – An address for service in India must be included if the opponent is located outside.

Form TM-O (Previously TM-5)

An opposition application must be made using Form TM-O which shall contain the following information: 
  • Application number and class of goods/services on which opposition is based;  
  • The name and address, of the opponent and the applicant;  
  • The grounds upon which the opposition is based, and the signature of the opponent or their authorised representative.

Difference Between Trademark Objection and Opposition

Aspect

Trademark Objection

Trademark Opposition

Filed By

Trademark Examiner

Third Party (Aggrieved Person)

When Raised

During the examination stage

After the mark is published in the Trademark Journal

Filing Fees

No fees required

Filing fee applicable

Time Limit

Within 30 days of the examination report

Within 4 months of journal publication

Outcome

Mark is examined further

Registrar decides registration or refusal based on hearing

What Diligence Certifications Can Do to Help with a Trademark Opposition

At Diligence Certifications, we can assist you comprehensively in handling Trademark Opposition matters so that your brand stays protected and is on a legally secure footing. Our experienced team of IP specialists and legal advisors, can assist you with the following services: 

  • Drafting and Filing Opposition Responses: We will develop a comprehensive and legally sound response to the trademark opposition for you. 
  • Legal Representation: If required, our experienced trademark lawyers will represent you before the Registrar or the relevant authority to vigorously defend your case. 
  • Counter-Statement Preparation: We will prepare a strong and substantiated counter statement with all supporting documents you will need to bolster your position. 
  • Trademark Opposition Format & Paperwork: We will assist you with preparation of the correct format and confirm that any paperwork you have complies with the Trademark Act, 1999. 
  • Updates regarding IPR: We will provide routine updates in relation to your Intellectual Property Rights and your opposition case status. 
  • Compliance Calendar: We will assist with developing a compliance calendar to ensure your business never misses important deadlines.
  • Consultation with Expert: You have access to a free consultation with our trademark experts to discuss your opposition strategy and next steps. 

With Diligence Certification, you can be assured that you are getting expert assistance, timelines, and legal support to resolve trademark opposition matters in an efficient way.

Conclusion

A trademark opposition is an important step in protecting your brand identity and ensuring fair competition in the marketplace. It is an opportunity for individuals and companies to oppose marks that could create confusion or otherwise infringe on distinct rights. However, it requires legal accuracy, timeliness, and strategy. 

Working with Diligence Certification, all components of the process, from filing a notice or counter-statement to legal representation, are handled professionally. Our team of experts will ensure that you are protecting your intellectual property with precision and compliance. When working with Diligence Certification, you can take comfort that you are protecting and preserving the uniqueness of your brand in the marketplace.

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Frequently Asked Questions

Trademark opposition is the legal process in which a third party objects to the registration of a trademark published in the Trademark Journal.

A person, which may be an individual, company or organization, can file a trademark opposition under Section 21 of the Trademark Act, 1999.

A trademark opposition can be filed in 4 months from the date the mark is published in the Trademark Journal.

If there is no opposition filed during the time period provided, it will proceed to registration and the owner will receive the registration certificate.

You must file a counter-statement within 2 months of receipt of the opposition notice; otherwise the application will be abandoned.

A trademark objection is raised by the examiner examining an application, while a trademark opposition is filed by a third party after the mark is published.

Yes, if either party is not satisfied with the Registrar's decision, they can appeal to the Intellectual Property Appellate Board (IPAB).

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