TRADEMARK OPPOSITION

Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition's trademark in the journal.

Who can oppose a Trademark Application in India?

Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of his commercial or personal interest in the matter.

A trademark can be countered and filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.

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Who decides whether the trademark should be abandoned or registered?

After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered. However, 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 defending the trademark lies in the trademark registrant's hands.

Difference between trademark objection and trademark opposition

Trademark objection and opposition are two different processes. Still, people often get confused between the same Here in this table; we have tried to explain the fundamental difference between the trademark objection and trademark opposition.

Trademark Objection:

A Trademark Examiner issues trademark objection.

One does not need to pay fees.

A reply should be submitted within one month.

Trademark objection is a part of the Trademark registration process.

If there is no response from the applicant, it leads to the removal of the trademark.

An appeal can be made after the rejection.

Trademark Opposition:

A trademark gets opposition from a third party.

Fees are required to be submitted along with the reply to the opposition.

A reply should be submitted within one month. A reply should be submitted within three months(which may exceed not more than one month)

A trademark opposition is a different process.

If there is no response from the applicant, it leads to the removal of the trademark. Similar is the case with trademark opposition; no response will lead to the removal of the trademark.

An appeal can be made after the judgment is passed.

Now, this can be a cumbersome process if there is no proper guidance involved. With Mibook you can get expert advice from our Trademark experts to ease Trademark registration.

Why does a trademark get opposition?

A trademark opposition can be raised under different sections like the absolute grounds, relative grounds, prohibited mark, or even concerning the opposed trademark's proprietorship.

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

The trademark is similar or identical to an earlier or existing registered trademark.

The trademark is devoid of distinctive character.

The trademark is descriptive.

The trademark registration application is made with bad faith.

The trademark is customary in the current language and or in the established practices of a business.

The trademark is likely to deceive the public or cause confusion.

The trademark is contrary to the law or prevented by law.

The trademark is prohibited under the Emblem and Names Act, 1950.

The trademark contains matters that are likely to hurt any class or section of people's religious feelings.

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The following procedures should be followed while applying for trademark opposition

Day 1 - 2

1. Provide required documents
2. Collection and discussion of basic information

Day 3 - 7

Drafting by Professionals of Opposition application

Day 7 - 8

Filing of online TM-5 application

Documents Required

ID Proof

Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/ Driving License

Address Proof

Latest Bank statement/ Utility bill in the name of director which should not be older than two months

Power Of Attorney

Duly signed by the applicant to authorise us to file an application on their behalf

Application Number

Application number of Trademark registered