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The Trademark Law of 1999 provides for trademark registration in India. Trademark owners must contact the Trademark Registrar (“Registrar”) to obtain trademark registration. After receiving the registration application, the registrar will promote the trademark to the Trademark Journal. 

Anyone can challenge the registration of a trademark published on Journal. The opposition must be submitted to the trademark register where the application for trademark registration is made. If the Trademark Register receives any opposition to the trademark, it will hold a hearing to determine the issue. 

The Trademark Law of 1999 and the Trademark Regulations of 2017 provide for the procedure for trademark opposition.

1. The trademark is the same as or similar to the existing registered trademark. 
2. The mark has descriptive characters. The mark has no features. 
3. Trademarks are common in today's terminology or common business practices. 
4. The application for trademark registration is malicious. 
5. Marking is prohibited by law or illegally. 
6. Mark can cause confusion and mislead the general public. 
7. The trademark contains anything that may offend the religious sentiment of people of any group or class. Mark is prohibited by the 1950 Emblem and Name Act.

Anyone can challenge the Trademark to the Registrar within four months from the date of publication of the application for registration in the Trademark Official Bulletin by submitting a notice on Form TM-O and paying a fee. The notice must include the details of the application (trademark registration), the details of the other party, and the reason for the opposition. The registrar must submit a copy of the notice of opposition to the applicant within 3 months of receiving the notice of opposition. 

The trademark registrar will provide the trademark applicant with a copy of the trademark opposition after the trademark opposition has been submitted to the registrar. The trademark applicant must file the counter statement within two months of receiving the opposition. 

If the trademark applicant does not file a counter statement within the specified time limit, the trademark application will be abandoned.  

The Opposing party must provide the Registrar with evidence supporting the notice of opposition within two months of receiving a copy of the counter statement submitted by the applicant. The counterparty must also send all certified copies to the applicant. 

After receiving a copy of the evidence from the opposing party, the applicant must submit evidence supporting the trademark registration application within two months of receiving the copy of the evidence from the opposing party. The applicant must provide evidence to both the registrar and the opposing party.

Once receiving evidence from both parties and further evidence from the opposing party, the registrar will notify both parties of the date of the first hearing. If the opposing party is absent on the day of the hearing, the opposition will be rejected, and the Registrar will register the mark. If the applicant is absent on the day of the hearing, the registration application will be treated as abandoned and rejected. The registrar will review the written discussions filed by both parties in the proceedings. After hearing the opinions of both parties and reviewing the evidence they have provided, the Registrar decides whether to continue trademark registration or reject the trademark registration application. Both parties will be notified of the registrar's decision in writing at the address provided.

However, parties who are dissatisfied with the Registrar's decision may appeal to the Intellectual Property Appellate Board.