Oppose a Trademark

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Oppose a Trademark

A trademark application filed by an applicant can be opposed by any person for various reasons during the trademark application process stage . The person filing the opposition need not to have any commercial or personal interest in the matter or be a prior registered trade mark owner. In this article, we look at how to oppose a trademark application.

Who can Oppose a Trademark Application

Any person may oppose a trademark application by giving a notice of opposition. The person filing the opposition need not to have any commercial or personal interest in the matter or be a prior registered trade mark owner. Hence, the question of bona fides of the opponent does not arise.

Reasons for Trademark Opposition

A trademark opposition can be filed under different sections like absolute grounds, relative grounds, prohibited mark or the opponent may also raise their own objection with regard to the proprietorship of the trademark opposed. The Indian Trademark Law does not provide any specific grounds of opposition. Hence, the reason for trademark opposition could be varied.

Time Limit for Trademark Opposition

A trademark application must be opposed within four months from the date of advertisement or re-advertisement in the trademark journal.

Form TM-5 for Trademark Opposition

Form TM-5 must be filed by the opponent for opposing a trademark. The Government fee for filing a trademark opposition is Rs.2500. The opposition must be filed in the appropriate trademark office, as per the application. The trademark opposition or TM-5 must contain the following details:

  • Details about the trademark application
    • Impugned application number;
    • Indication of the goods or services from the trade mark application;
    • Name of the applicant for the trade mark sought to be opposed;
  • Details about the opposing party
    • If the opposition is filed by trademark owner of an earlier mark: Name and address of the trademark owner and an indication that he/she is the trademark owner of such trademark or right;
    • If the opposition is filed by a trademark licensee: Name and address of the trademark licensee along with an indication that he/she has been authorized to enter the opposition;
    • If the opposition is filed by a successor to the registered trademark owner: Name and address of the successor and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or, where this information is not available, was sent to the appropriate office;
    • If the oppostion is filed by a party outside India: Name and address of the opposing party and address for service in India.

The notice of opposition should be signed by the trademark opponent or by an authorized person who is acquainted with the facts of the case. The person signing should reference to the numbered paragraphs of the notice of opposition, along  with date and the place at which it was signed.

To oppose a trademark application, get in touch with a trademark attorney through IndiaFilings.com

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