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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 by 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.

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.

Trademark Opposition Process

What is the procedure for the trademark opposition?

  • 1

    Opposition Notice

    Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first date of appearance.

    It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees.

  • 2

    Counter-Statement

    After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement.

    If the trademark applicant fails to file the counter statement within the specified period, the trademark application shall be "abandoned." However, it is necessary to understand the trademark registration status.

  • 3

    Hearing

    After the evidence filing stage is over, the registrar shall send notices to both parties stating the date of hearing, which shall be at least one month after the date of the first notice. The hearing is based on the notice of opposition, the counter-statement filing, and the filed evidence. The registrar hears the matter by the registrar, and if any of the parties does not show up for the hearing, the registrar will rule against him.

  • 4

    Appeals

    Based on the review of the evidence submitted and the hearing of both the parties, the registrar decides whether the opposition was successful at doing so and, in turn, determines whether the trademark should be registered or not. However, the party aggrieved by the registrar's decision may challenge the same by filing an appeal before the Intellectual property Appellate Board.

Time Limit for Trademark Opposition

After the trademark advertisement in the Trade Marks Journal, any person can oppose the trademark registration for three months (which may be extended by a period not exceeding one month). Trademark opposition filings can be done only at the Trademark Registrars' office and cannot be taken directly to a Court or the Appellate Board (IPAB).

If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the brand will be registered.

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.

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 Trademark Opposition
A Trademark Examiner issues trademark objection. A trademark gets opposition from a third party.
One does not need to pay fees. 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)
Trademark objection is a part of the Trademark registration process. 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 rejection. 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 IndiaFilings, you can get expert advice from our Trademark experts to ease Trademark registration.

How much does it cost to file a trademark opposition?

Pay as you go grow pricing

All Inclusive Pricing - No Hidden Fee

Basic

5899

all inclusive fees

Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of government fee and service tax.

Premium

12899

all inclusive fees

Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and service tax.

Form TM-5

For opposing a trademark Form, TM-5 must be filed by the opponent. As per the application, the opposition of the trademark must be filed in the appropriate trademark office. The TM-5 form must contain the following details:

Details about the trademark application

  • Impugned application number
  • Indication of the goods or services from the trademark application
  • The name of the applicant for the trademark sought to be opposed.

Details about the opposing party

If the opposition is filed by the trademark owner of an earlier mark: Name and address of the trademark owner and an indication that he is the trademark owner of such trademark.

If a trademark licensee files the opposition: Name and address of the trademark licensee along with an indication that he or she has been authorized to enter the opposition.

If a successor files the opposition 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 a party outside India files the opposition: Name and address the opposing party and address India's service.

The trademark opponent or an authorized person who is acquainted with the case's facts should sign the notice of the opposition.

Trademark Opposition FAQ

What is trademark opposition?

An individual who thinks that his or her brand name or the reputation of the company will be damaged by the registration of a mark can raise a trademark opposition.

What is the period for filing a trademark opposition?

The Opposition notice can be filed within three months and can be extended by one month from the date which the trademark was published in the trademark journal.

What if the opposition is filed after three months?

In case the trademark opposition is filed after three months but before four months expiry period the notice of opposition should be accompanied by a request for extension by providing a sufficient reason for the delay in the same.

Who can oppose a trademark?

Anyone can file for trademark opposition, but usually, an opposition is raised by a person who is the owner of the trademark or a mark that deals with similar goods and services.

If a mark is not registered can opposition be raised over the trademark?

A trademark opposition can be raised even if the trademark application is pending or already in use. The common law of rights prevents any person from selling goods and services.

Is it necessary to submit a power of attorney while submitting the trademark opposition?

Generally, a power of attorney is to be submitted at the time of filing the opposition notice. If the POA is not available it can be filed later on too.

Where to file an opposition?

The opposition notice should be filed at the trademark registry where conflicting mark application has been filed.

Trademark Opposition in State

Trademark Opposition in City

Trademark Opposition In Mumbai

Trademark Opposition In Bangalore

Trademark Opposition In Chennai

Trademark Opposition In Ahmedabad

Trademark Opposition In Pune

Trademark Opposition In Agra

Trademark Opposition In Ajmer

Trademark Opposition In Aligarh

Trademark Opposition In Amravati

Trademark Opposition In Amritsar

Trademark Opposition In Asansol

Trademark Opposition In Aurangabad

Trademark Opposition In Bareilly

Trademark Opposition In Belgaum

Trademark Opposition In Bhavnagar

Trademark Opposition In Bhiwandi

Trademark Opposition In Bhopal

Trademark Opposition In Bhubaneswar

Trademark Opposition In Bikaner

Trademark Opposition In Chandigarh City

Trademark Opposition In Nagpur

Trademark Opposition In Cuttack

Trademark Opposition In Dehradun

Trademark Opposition In Dhanbad

Trademark Opposition In Bhilai

Trademark Opposition In Durgapur

Trademark Opposition In Erode

Trademark Opposition In Faridabad

Trademark Opposition In Firozabad

Trademark Opposition In Ghaziabad

Trademark Opposition In Gorakhpur

Trademark Opposition In Gulbarga

Trademark Opposition In Guntur

Trademark Opposition In Gwalior

Trademark Opposition In Gurgaon

Trademark Opposition In Guwahati

Trademark Opposition In Indore

Trademark Opposition In Jabalpur

Trademark Opposition In Jaipur

Trademark Opposition In Jalandhar

Trademark Opposition In Jammu

Trademark Opposition In Jamnagar

Trademark Opposition In Jamshedpur

Trademark Opposition In Jhansi

Trademark Opposition In Jodhpur

Trademark Opposition In Kakinada

Trademark Opposition In Kannur

Trademark Opposition In Kanpur

Trademark Opposition In Kochi

Trademark Opposition In Kottayam

Trademark Opposition In Kolhapur

Trademark Opposition In Kollam

Trademark Opposition In Kota

Trademark Opposition In Kozhikode

Trademark Opposition In Kurnool

Trademark Opposition In Ludhiana

Trademark Opposition In New Delhi

Trademark Opposition In Hyderabad

Trademark Opposition In Kolkata

Trademark Opposition In Lucknow

Trademark Opposition In Madurai

Trademark Opposition In Malappuram

Trademark Opposition In Mathura

Trademark Opposition In Goa City

Trademark Opposition In Mangalore

Trademark Opposition In Meerut

Trademark Opposition In Moradabad

Trademark Opposition In Mysore

Trademark Opposition In Nanded

Trademark Opposition In Nashik

Trademark Opposition In Nellore

Trademark Opposition In Noida

Trademark Opposition In Palakkad

Trademark Opposition In Patna

Trademark Opposition In Pondicherry

Trademark Opposition In Allahabad

Trademark Opposition In Raipur

Trademark Opposition In Rajkot

Trademark Opposition In Rajahmundry

Trademark Opposition In Ranchi

Trademark Opposition In Salem

Trademark Opposition In Sangli

Trademark Opposition In Siliguri

Trademark Opposition In Solapur

Trademark Opposition In Srinagar

Trademark Opposition In Thiruvananthapuram

Trademark Opposition In Thrissur

Trademark Opposition In Tiruchirappalli

Trademark Opposition In Tirupati

Trademark Opposition In Tirunelveli

Trademark Opposition In Tiruppur

Trademark Opposition In Tiruvannamalai

Trademark Opposition In Ujjain

Trademark Opposition In Vadodara

Trademark Opposition In Varanasi

Trademark Opposition In Vijayawada

Trademark Opposition In Vellore

Trademark Opposition In Warangal

Trademark Opposition In Bilaspur

Trademark Opposition In Perinthalmanna

Trademark Opposition In Purulia

Trademark Opposition In Shimla

Trademark Opposition In Tirur

Trademark Opposition In Surat

Trademark Opposition In Visakhapatnam

Trademark Opposition In Gandhinagar

Trademark Opposition In Coimbatore

Trademark Opposition In Trichy

Trademark Opposition In Anand

Trademark Opposition In Patiala

Trademark Opposition In Roorkee

Trademark Opposition In Etawah

Last updated: June 30, 2021

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