Trademark Opposition In Kerala
Trademark opposition in Kerala 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 Kerala?
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 Kerala. A trademark can be countered by another person or any competitor. Also, the person filing the trademark opposition in Kerala needs to a registered trademark owner.
Who decides whether the trademark should be abandoned or registered in Kerala?
Once the trademark opposition in Kerala 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 Kerala. 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.