A well-drafted opposition is critical to stop the registration of a mark that is similar, confusing, or harmful to your rights. It must be clear, factual, and legally sound, supported by evidence.

1. Heading and Title

Start with the proper heading:
“Before the Registrar of Trade Marks, [Location]”
Notice of Opposition
In the Matter of Trade Mark Application No. [XXXX] in Class [XX] for [Applicant’s Trademark]

2. Details of the Opponent

Include:

• Full name and address of the opponent.

• Nature of business.

• If the opponent is a company, mention incorporation details.

• If the opponent owns a registered trademark, mention registration number(s), class(es), and date(s).

3. Details of the Contested Application

• Mention the trademark applied for, application number, class, and goods/services.

• State the applicant’s name and address (as per the journal entry).

4. Grounds of Opposition (Core of the Draft)

This section should include legal and factual grounds, such as:

(a) Similarity and Likelihood of Confusion

• The applicant’s mark is identical or deceptively similar to the opponent’s registered or well-known mark.

• Use of the applicant’s mark is likely to cause confusion or deception among consumers.

(b) Prior Use and Goodwill

• The opponent has been using the mark long before the applicant.

• The opponent’s mark has acquired reputation and goodwill in the market.

(c) Lack of Distinctiveness

• The applicant’s mark is descriptive, generic, or incapable of distinguishing goods/services.

(d) Bad Faith

• The application has been filed in bad faith, possibly to ride on the opponent’s reputation.

(e) Violation of Law

• The mark is barred from registration under Sections 9 and 11 of the Trade Marks Act, 1999.

5. Supporting Facts and Evidence

• Provide details of registrations, sales figures, advertising expenditures, and market reputation.

• Mention geographical spread and customer recognition.

• Attach exhibits (invoices, advertisements, registrations, promotional materials, etc.).

6. Prayer / Relief Sought

Conclude by clearly stating what you seek:
“It is therefore prayed that the application bearing No. [XXXX] in Class [XX] for the mark [Applicant’s Mark] be refused and not be allowed to proceed to registration, and costs of these proceedings be awarded to the Opponent.”

7. Verification Clause

• End with a declaration that the contents are true and correct.

• Signature of the Opponent / Authorized Representative.

• Place, Date, and Attestation by Notary.

Tips for Drafting a Strong Opposition

1. Be precise – vague or generic claims weaken the case.

2. Quote relevant sections – strengthen arguments by citing Sections 9, 11, and 18 of the Act.

3. Back every claim with evidence – registrations, usage documents, and publicity materials.

4. Show goodwill and prior use – long-standing commercial use is a strong defense.

5. Use professional drafting – errors in opposition may lead to dismissal.