A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. In most cases, this party believes that the registration of the trademark will damage its rights in one way or another. It takes up to two years to register a trademark, and all new applications are advertised in a government journal, so the party often finds out about the mark.
Section 21 of the Trademarks Act, 1999 covers what happens in case someone opposes the registration of a trademark. Here is the procedure to be followed:
a) The opposition has to be made in writing, in the form of a notice, to the Registrar of Trade Mark within 4 months of advertisement of the trademark registration.
b) The Registrar will pass on this notice to the Applicant.
As per Section 21 of the Trademark Act 1999, “any person” can file a notice of opposition. The people who can file a trademark opposition can be :
Any legal person or a company, partnership firm, LLP, a private company, business, etc.
Even the Trademark Opposition can be filed by an Indian or Foreign Customer.Member of the Public or Competitor .
Also, if two or more persons have similar problems upon a trademark, they can be joined together as opponents.
Previously Registered-The owner of an earlier trademark application or registration comprising a similar Trademark for similar goods.
Former User- A person who has applied the same or a similar trademark earlier to the client, but who haven’t registered his trademark.
The Services which are included in our package are as Follows:
✅ Consultation
✅ Drafting of Letter
✅ Opposition Filing
✅Paying Government Fees
The grounds available for filing a Trademark Opposition in India will depend on the facts and circumstances of every case.
Trademark is the same or identical to an earlier or existing registered trademark.
A mark is primarily only a surname.
Trademark is a universal term for the associated wares or services (in any language).
Application for the trademark is built with bad faith.
If the trademark is descriptive.
Mark is opposed to the law or is restricted by law.
The mark is disreputable, offensive or unethical
Trademark is banned under the Emblem and Names Act, 1950.
Mark comprises matter that may hurt the religious beliefs of any class or section of people.
Any mark confusing with different trademark, official mark, an Olympic mark or a geographical indication enrolled in India.
Another party had earlier use of the mark or a confusingly alike mark in India.
Trademark is devoid of distinctive character.
The trademark is likely to mislead the public or cause confusion.
Highly effective remedy for TM owner
Trademark opposition plays a very eminent role as it is a chance for the registered. Trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the market.
Public consultation
As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.
Q1. What is Notice of Opposition?
Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.
Q2. What is the Time Limit to File is Notice of Opposition?
The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition.
Q3. Who can File Notice of Opposition?
The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition.