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.
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.
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.
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.
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.
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.
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.
1. Provide required documents
2. Collection and discussion of basic information
Drafting by Professionals of Opposition application
Filing of online TM-5 application
Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/ Driving License
Latest Bank statement/ Utility bill in the name of director which should not be older than two months
Duly signed by the applicant to authorise us to file an application on their behalf
Application number of Trademark registered