Understand trademark opposition hearings in India—process, cost, timelines, and strategies to defend or challenge a mark effectively.

What is Opposition Hearings

Filing a trademark is only half the journey. Even after your application passes examination, it must be published in the Trademark Journal for four months. During this period, any third party who believes your mark is identical, similar, or damaging to their rights may file a Notice of Opposition.

When an opposition is filed, the matter is adjudicated by the Registrar of Trade Marks through written submissions and a hearing.
Opposition is a quasi-judicial process, and hearings form the final stage before the Registrar decides.

Hearing Notice

• Once the Opposition, Counter-statement, and evidence are complete, the Registry issues a notice of hearing.

• It contains the details of the Applicant with Application Number and address, and details Opponents with the Opposition Number and address. It also contains the name and address of the attorney/law firm representing both sides.

• It mentions the hearing date for arguments through video conferencing.

• It also highlights the name of Hearing Officers.

• The link of video conferencing is also sent on mail id provided in a service address. 

• Hearing slots usually fall between 10:30 a.m. and 1:30 p.m.

Example

• For arguments: Opposition Hearing Notice of trademark "Absolute Bio".
• For time-barred replies:  Opposition Hearing Notice of trademark "Citrivet"

Hearing Before Abandonment

1. Registry Practice

   • If a party misses a timeline (e.g., counter-statement, evidence, POA), the Registry issues a Notice of Hearing.

   • At the hearing, the defaulting party can:

     • Explain reasons for delay (illness, clerical error, courier delay, etc.).

     • Request condonation, if delay is minor.

     • Submit missing documents (like stamped POA).

2. Limits of Registrar’s Powers

   • Registrar cannot extend statutory deadlines indefinitely.

   • But Registrar can use hearing to determine if:

     • Filing was actually done but not recorded.

     • There was a minor procedural defect

     • The case warrants strict abandonment or not.

3. Post-Hearing Orders

   • If explanation is satisfactory → Registrar may allow filing with conditions (like additional costs, compliance within 7 days).

   • If explanation is unsatisfactory → Opposition or Application is formally marked Abandoned/Dismissed in the Registry record.

Practical Example

• Opponent/Applicant files TM-O (Opposition) but forgets to attach stamped POA (TM-48) or other technical defects, or files reply beyond deadline.

• Registry issues Deficiency Notice → Opponent does not comply within given time.

• Applicant files TM-M seeking dismissal.

• Registrar lists matter for hearing and issues hearing notice

• Opponent appears, and explains delay.

• Registrar allows the defect to be cured or if not satisfied, abandons the opposition/application.

Hearing After Evidence Stage

Once all evidence is filed, the matter moves to the hearing stage. This is the final opportunity for both parties to argue before the Registrar of Trade Marks.

(a) Hearing Notice

• The Registrar will send a notice of hearing to both parties.

• The date fixed will always be at least one month later, giving both sides time to prepare.

• Hearings can happen physically at the Trade Marks Office or online through Cisco Webex.

(b) Asking for Postponement (Adjournment)

• If a party cannot attend, they can request an adjournment using Form TM–M, filed at least 3 days before the hearing.

• The Registrar may allow it if the reason is genuine (for example: illness, travel issues, or delay in getting documents).

• But there are strict limits:

  • Maximum 2 adjournments per party.

  • Each adjournment cannot exceed 30 days.

(c) What if You Don’t Attend?

• • If the Applicant doesn’t appear → The trademark application is treated as abandoned.

  • If the Opponent doesn’t appear → The opposition is dismissed, and the application proceeds towards registration.

(d) Written Submissions

• Parties can also file written arguments (short notes summarising key points).

• This is strongly recommended because:

  • It helps the Registrar quickly understand your case.

  • Even if oral arguments are brief, written submissions remain on record.

(e) Registrar’s Decision

After hearing both sides and looking at the evidence:

• The Registrar decides whether the trademark should be registered or refused.

• If registered, it may come with conditions or limitations (for example: disclaimers on certain words, restricting the scope of goods/services).

• The Registrar also has the power to look at grounds of objection not specifically raised by the opponent.

Security for Costs

Apart from hearings, two extra points are important:

(a) Security for Costs

• If the Opponent or Applicant is based outside India, the Registrar can ask them to deposit money as security for costs.

• This ensures that if they lose, costs can be recovered.

• If the party does not deposit the amount → their case is treated as abandoned.

Prepartion for the Hearing

Good preparation is crucial. You must study the case file thoroughly, organize your evidence, and be ready with concise legal and factual arguments. The Registrar usually has a tight schedule with multiple hearings in a day, so clear and structured submissions create a stronger impact than long or repetitive arguments.

1. Understand the Case File Thoroughly

• Revisit the Notice of Opposition and Counter-Statement.

• Carefully review all evidence filed under Rules 45, 46, and 47 (affidavits, invoices, advertisements, sales figures, etc.).

• Note the key legal grounds relied upon: Section 9 (absolute grounds), Section 11 (relative grounds), prior use under Section 34, passing off, dilution, etc.

Example: If the opposition is under Section 11(1) for similarity, prepare arguments comparing marks visually, phonetically, and conceptually.

2. Frame Your Main Arguments

Don’t argue every possible point — focus on the strongest grounds.

• For Opponents:

  • Emphasize similarity of marks (phonetic, visual, structural).

  • Show prior use/reputation with documentary proof (sales invoices, ad spend, recognition).

  • Argue likelihood of confusion in the same trade channel.

• For Applicants:

  • Highlight differences in marks.

  • Argue distinction in goods/services or trade channels.

  • Stress honest adoption, independent creation.

  • If co-existence evidence exists (no confusion in market), bring it forward.

3. Prepare Your Evidence Presentation

• Arrange documents chronologically and mark exhibits clearly.

• Use a comparative chart to show differences/similarities in marks and goods.

• Carry market usage samples (packaging, brochures, ads).

5. Anticipate Counter-Arguments

• Think: “If I were the other side, what would I say?”

• Prepare quick rebuttals.

• Example: If you rely on phonetic similarity, the applicant will argue trade channel difference → have market evidence ready to counter that.

Attend the Hearing

• Hearings are mostly virtual (via Cisco Webex ).

• Log in through the link at least 10 minutes early. The Link can be found in the Cause List in the Dynamic Utilities section of IP India portal.

• Maintain decorum — camera and mic in working condition.

• The Hearing Officer may seek clarifications or additional documents.

Cost of Opposition Hearings