Trademark Opposition In Delhi

Trademark opposition in Delhi comes in the later period when the registrar has approved the trademark application on the grounds of distinctiveness and has published the third -party opposition in the trademark journal

Who can oppose a trademark application in Delhi?

A Trademark can be opposed by any person during the trademark application stage. According to Section 21 of the Trademark Act, irrespective of his or her commercial interest or personal interest in the matter any person can oppose a trademark in Delhi. A trademark can be countered by another person or any competitor. Also, the person filing the trademark opposition in Delhi needs to a registered trademark owner.

Who decides whether the trademark should be abandoned or registered in Delhi?

Once the trademark opposition in Delhi is filed, both parties need to conclude whether the trademark should be abandoned or registered. There is no restriction on filing a trademark opposition in Delhi. So, if any individual thinks that the published mark might create confusion amongst the masses then the public can file for trademark opposition while defending the trademark is totally in the hands of the registrants.

Trademark Opposition In Delhi FAQ's

Section 21 of the Trademark Act states that any person can oppose a trademark in Delhi, irrespective of commercial or personal interest.

A trademark gets opposition in Delhi under various sections like the absolute grounds, relative ground, prohibited mark, and even the proprietorship rights for the concerning opposed trademark.

The opponent must file Form TM 5 for opposing a trade application in Delhi. As per the application, the opposition of the trademark must be filed in the appropriate trademark office.

Yes, trademark objection and trademark opposition are two different things that are not to be confused with.


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