IP India Announces Special Disposal Drive for Pending Trademark Opposition Matters

Published Date: 20 September 2026

Last Updated Date: 28 September 2026

Reviewed by: Akash P R, Business Consultant & Trademark Litigation Specialist, D BIZ CONSULTANCY PVT. LTD.

News Summary & Quick Answer

On 31 August 2026, the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) initiated a nationwide Special Disposal Drive for Pending Trademark Opposition Matters. Designed to unclog registry dockets, this initiative creates an accelerated route for brand owners to dispose of stale opposition files where parties have resolved their dispute, entered into coexistence agreements, or discontinued contested marks.

Key Update at a Glance

When a trademark application is published in the Trade Marks Journal, Section 21 of the Trade Marks Act, 1999 gives third parties 4 months to file a formal opposition (Form TM-O).

Historically, once an opposition was initiated, completing counterstatements (Form TM-A), evidence in support of opposition (Rule 45), evidence in support of application (Rule 46), and oral hearings could take 3 to 7 years.

Through this special drive, registry benches are reviewing pending files to formally dismiss infructuous disputes, record withdrawals without adverse costs, and issue registration certificates for cleared marks.

Previously, even when two commercial businesses agreed to settle their brand dispute or amend their goods specification, getting an opposition formally disposed required waiting for physical hearing boards, often taking 12 to 18 months just to record a withdrawal statement.

• Parties can submit Form TM-M with consent terms, settlement deeds, or unilateral withdrawal requests.
• Dedicated officers are clearing eligible matters within expedited administrative windows.
• Cleared applications proceed immediately to the registration certificate generation queue.

• Businesses holding pending opposition files at the Trade Marks Registry Chennai (which exercises jurisdiction over Kerala, Tamil Nadu, Andhra Pradesh, Telangana, Karnataka, and Puducherry).
• Brand owners wishing to resolve legacy litigation and secure registered status before venture capital fundraising or IPO due diligence.

Notified on 31 August 2026 and actively operating across registry branches.

D BIZ Warning: Never Withdraw Blindly Without Legal Review

While disposing of old disputes is desirable, never withdraw a trademark opposition simply to clean up records without evaluating your commercial brand rights.

Key Steps Before Taking Action:

1. Analyze Relative Brand Strength: Review whether the competing brand is currently in active commercial use in your market territory.
2. Explore Coexistence Agreements: If both businesses operate in distinct geographic territories or specialized product segments, legally drafted Trademark Coexistence Agreements can protect both parties.
3. Amend Specification of Goods: You can resolve oppositions amicably by amending the Class specification (e.g., removing conflicting categories) rather than abandoning your application.
4. File Form TM-M Correctly: Ensure settlement terms protect your common law rights under passing-off provisions.

Case Scenario:

*Vedic Remedies LLP*, an Ayurvedic wellness startup in Kollam, faced an opposition in Class 5 from an older pharmaceutical company in Mumbai regarding a minor phonetic similarity. Over the past 3 years, both companies coexisted with zero commercial confusion.

During the Special Disposal Drive, D BIZ CONSULTANCY drafted mutual consent terms clarifying that Vedic Remedies restricts its products exclusively to herbal formulations. The joint terms were uploaded on the portal, the opposition was formally disposed of in 3 weeks, and Vedic Remedies received their official Trademark Registration Certificate ahead of their institutional funding round.

Failing to utilize the disposal drive means old, inactive oppositions remain open indefinitely, clouding your brand's legal title and complicating investor due diligence.

D BIZ CONSULTANCY PVT. LTD. represents clients in trademark prosecution, opposition drafting, hearing representation, and dispute settlement across Kerala and India.

Office Locations:

• Ernakulam / Kochi Corporate Hub:

4th Floor, Koprambil Heights, B3, Seaport - Airport Rd, near Chaithram Clothing, Irumpanam, Thrippunithura, Kochi, Ernakulam, Kerala - 682309

• Thiruvananthapuram Head Office:

TC No 44/913(2), Second Floor, Springs Tower, Edappazhanji / Paruthippara, Thiruvananthapuram, Kerala - 695010

*(Google Verified Location: Plus Code: GX39+M6 Thiruvananthapuram )*

Trademark Dispute Practice:

• Trademark Opposition Filing & Counterstatement Defense
• Drafting Coexistence Agreements & Settlement Deeds
• Trademark Hearing Representation at Registry Benches
• Company Registration in Trivandrum

Resolve Pending Brand Disputes:

Speak with our senior trademark attorneys at **+91 8075273408 or consult via WhatsApp **.

1. What is the Trade Mark Opposition Special Disposal Drive?

It is a targeted administrative initiative launched by the CGPDTM on 31 August 2026 to expedite the resolution and formal closure of pending trademark opposition cases that are settled, withdrawn, or infructuous.

2. Can an applicant withdraw an opposition without paying penalties?

Yes. Parties can submit Form TM-M requesting withdrawal based on settlement or mutual consent without attracting adverse cost orders.

3. Which Trade Marks Registry branch handles matters for Kerala businesses?

The Trade Marks Registry Chennai exercises statutory territorial jurisdiction over the state of Kerala and the Union Territory of Lakshadweep.