Anyone who objects to the trademark may file an opposition notice within four months of the advertisement's publication in the Trade Marks Journal, regardless of business or personal interests. Generally, those who file an opposition are :
Registered- The owner of a prior trademark application or registration representing a similar product.
Prior User- A prior user of the same or similar trademark which has not registered.

Step 1: Application for Trademark
Step 2: Examination Report:
The Trade Marks Office examines a trademark application two to four months following the application filing. If no objections are raised, the mark shall be allowed to be advertised directly.
Step 3:Response to Examination Report:
Upon receipt of an examination report, an applicant is required to file a response within one (1) month from the date of receipt of the examination report, failing which the application is deemed abandoned. When a reply is filed and approved by the Trademarks Office, the application is published in the Trademarks Journal. If the examiner has further objections, the applicant would have a show cause hearing.
Step 4 :Advertisement:
Once the objection/s to the trademark application is addressed, the trademark application is advertised in the Trademarks Journal.
Step 5 :Opposition:
As soon as the trademark is advertised, it is open for opposition for four (4) months. The mark proceeds to registration if no opposition is filed within the stipulated time.

• Notice of opposition: Such notice of opposition must be filed within four months following the publication of the mark. The Registry will then serve a copy of the notice to the applicant if satisfied with the notice. From receiving the notice, the applicant has two months to file a counterstatement; otherwise, the Registry may deem the trademark application abandoned.
• Filing of Evidence: Upon receipt of the counterstatement, the opponent must file evidence through an affidavit within two months (which can be extended by one month).
• Hearing of the parties: After the evidence stage is completed, the Tribunal issues a hearing notice specifying the date the parties will be heard.

An aggrieved party may appeal a decision made by the Registrar in an opposition proceeding by filing an appeal with the Intellectual Property Appellate Board (IPAB) within 90 days of the date of such decision.

The right of passing off in a common-law jurisdiction allows individuals to oppose a Trademark application although it is pending or in use if not registered. It is illegal for anyone to offer his goods/services under the name and benefit from it.

A notice of opposition is filed because the mark has become distinctive, and the plaintiff's goods and services have become associated. It is essential to establish that it has become distinctive. Therefore, any mark that may cause confusion among consumers cannot be registered since it would harm the business of the already existing users.

You can oppose a pending trademark application on the following grounds:

• The mark lacks distinguishing features that may specify quality, quantity, intended use, value, geographical origin, or time of production in trade.
• The mark may mislead the public or confuse them. It includes any trademark that may be confused with one already registered or has become customary in business practice.
• Marks that contain matters that are likely to hurt the religious sentiments of any class or section of people.
• The mark is prohibited under the Emblem and Names Act, 1950
• If it is a trademark in common usage and/or established in the industry.
• There is an earlier or existing trademark that is similar to the trademark.

Pre-requisites differ according to the grounds for opposition. Depending on the grounds, the following details and documents are required:

• Upon opposition to a trademark, the opponent must provide the application number, the priority date, and any other information related to the already registered trademark.
• If a licensee files an Opposition, its name and address will be included. Besides the licensee's details, it should indicate whether the licensee is authorized to file an opposition to the trademark.
• The opposing party's name and the address to be served in India are required when the other party is a foreigner having no business in India.
• The opposition of trademark is based on the existence of a well-known mark with a good reputation in the market; the opponent is required to provide any documentation that will demonstrate the presence of such a well-known mark. In addition, the opponent needs to mention which countries are recognized as having a well-known and existing trademark. It is also possible for the opponent to provide proof of the trademark registration or application for registration of the trademark.