Trademark Opposition

File Trademark Opposition to secure your brands’ exclusivity

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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

Highly effective remedy for TM owner

Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the mar

Public consultation

As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.

ONLINE REGISTRATION

Documents required to file a Trademark Opposition

Details of applicant

Name, Address, Nationality, etc of the applicant.
Body corporates/other categories need to provide with registration certificate

Power of Attorney

It allows the attorney to file the trademark opposition on your behalf

Affidavit

Affidavit with the basic information about the trademark and its user date and proof of use

Details about the opposed mark

Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the 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

1. Follow Quick Process

Spare less than 10 minutes to fill our online Questionnaire
Upload all the required documents
Make payment through secured payment gateways

2. Experts are Here to Help

Dedicated Relationship Manager
Consultation regarding the Trademark opposition application
Provide the required documents
Provide Application No. & TM Registration Certificate(if any)
Preparation & filing of the application

3. Your Trademark Opposition Application is ready

All it takes is 15-20 working days*

*Subject to Government processing time

The Process

Trademark Opposition Process

Day 1 - 2 Collection

Discussion and collection of basic Information
Provide required documents

Day 3 - 7 Execution

Drafting of Opposition application by Professionals

Day 8 - 9 Submission

Filing of online TM-O application

Frequently Asked Questions

Explore Trademark Opposition

What is a notice of 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.

What is the time period for 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

Who can file the Notice of 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.

My mark is not registered in India; can I file an opposition based on my pending application and use?

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.

What is the next stage once I file the Notice of Opposition?

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.

What the plaintiff must establish in a passing off action?

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.

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TRADEMARK OPPOSITION