Trademark Opposition Services | N D Savla & Associates
Trademark Opposition · Nashik, Maharashtra

Trademark Opposition — Filed against, or filed by you.

Support on both sides of an opposition — opposing a published mark that conflicts with yours, and defending your own application when it is opposed.

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Opposition is the window in which a third party can object to a mark that has been advertised. It is a contested proceeding with pleadings, evidence and a hearing, and it runs on strict timelines that are unforgiving of delay.

N D Savla & Associates supports businesses in Nashik and across Maharashtra on either side of these proceedings, coordinating with trademark agents and counsel on the pleadings and the hearing.

The evidence stage decides most oppositions. Prior use, the extent of the reputation claimed and the likelihood of confusion are all questions of evidence, and the party that has kept records contemporaneously has an advantage that cannot be manufactured afterwards.

Our Trademark Opposition Services

Publication Monitoring

Watching the journal for marks conflicting with your portfolio.

Notice of Opposition

Preparation and filing of the notice setting out the grounds of opposition.

Counter Statement

Preparation of the counter statement where your application is opposed.

Evidence Affidavits

Compilation and drafting of evidence in support of the case.

Prior Use Documentation

Assembly of documentation evidencing prior and continuous use.

Settlement & Coexistence

Negotiation of withdrawal, limitation or coexistence arrangements.

Hearing Preparation

Preparation of the compilation and submissions for the hearing.

Appeal Coordination

Coordination where the decision is taken further in appeal.

Our Process

1

Position Analysis

The conflict, the grounds and the strength of the case are analysed.

2

Pleadings

The notice of opposition or counter statement is prepared and filed in time.

3

Evidence

Evidence affidavits and supporting documentation are compiled and filed.

4

Settlement Exploration

The scope for withdrawal, limitation or coexistence is explored.

5

Hearing

The matter is prepared and argued on the record filed.

Why It Matters

Conflicting publications spotted in time to oppose
Grounds pleaded specifically, not generically
Prior use evidenced from contemporaneous records
Strict timelines tracked at every stage
Settlement explored before costs escalate
Hearing argued from a properly built record
Portfolio defended rather than left to chance
Honest view of a weak case before spending on it

Frequently Asked Questions

Opposition may be filed within the prescribed period following advertisement of the mark, and the timeline is strict.
Grounds commonly include similarity to an earlier mark, prior use by the opponent, lack of distinctiveness, and other grounds of refusal under the legislation.
Failure to file a counter statement within the prescribed period can result in the application being treated as abandoned.
It is often decisive, and it is far more persuasive where it consists of contemporaneous invoices, advertising and market records rather than later assertions.
Oppositions are frequently resolved by withdrawal, by limiting the specification, or by a coexistence arrangement between the parties.
A decision in opposition proceedings can be taken further in appeal, within the applicable timelines and procedure.

Opposed, or need to oppose?

The timelines are unforgiving — send us the notice or the journal reference straight away.