Trademark Opposition

File Trademark Opposition to secure your brands’ exclusivity

Get Started
OVERVIEW

What is a Trademark Opposition?

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.

BENEFITS

Benefits of filing Trademark Opposition

ONLINE REGISTRATION

Documents required to file a Trademark Opposition

Grounds for Applying for Opposition

If the trademark is similar or identical to an earlier or existing registered trademark.
If the mark is devoid of any distinctive character or is descriptive.
The trademark is likely to deceive the public or cause confusion.
If the mark is customary in the current language, or it is in the established practices of business.
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
Online Registration

File TM Opposition in 3 Easy Steps

*Subject to Government processing time

The Process

Trademark Opposition Process

Frequently Asked Questions

Explore Trademark Opposition

Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.

The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition

In India, anyone can file for the Trademark Opposition. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.

Through a common law of rights of passing off, one can file an opposition even if the Trademark application is pending or already in use if not registered. This law prevents any person from selling his goods/services as that of another and benefiting from it.

The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.

In a case where the notice of opposition is filed on the use of the mark, it is essential to show that the disputed mark or logo has become distinctive and is recognized that of the plaintiff’s goods and services. Hence, any mark that can cause confusion among the consumers cannot be registered as it would harm the already existing users’ business.

More Questions? Seek Help of an Expert

Call us at 1800 313 4151

Email us support@legalwiz.in

HAPPY CUSTOMERS

We take pride! Not in our work, but in your words.

Customer Ratting
Read all testimonials
From Blog

Helpful Resources

  • trademark renew in India

Understanding the Trademark Renewal Process in India

Aug 4, 2020|

The company’s brand name that creates its identity for selling goods and services is possible with the trademark registration. Because that is how the brand identifies itself potential customers disti ...

  • trademark cases to learn

5 Famous trademark cases for businesses to learn from

Mar 31, 2020|

It takes more than merely some money to create a brand. And one of the most fundamental backbones for any brand is its trademark. Businesses often opt for trademark registration in India to protect th ...

  • Trademark limitations based on geographic location

What are the Limitations of Trademark Law?

Sep 5, 2019|

Trademark registration is the most effective way to secure a brand from trademark infringement. However, registration is usually perpetual it comes with a certain set of limitations. Trademarks grant ...

Explore all posts
TRADEMARK OPPOSITION
File Trademark Opposition to secure your brands’ exclusivity
Get Started
Get Started
Call now!
Go to Top