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Trademark Opposition

Opposition

Once a trademark application is accepted by the registry, it enters a crucial phase—publication in the government journal for a period of four months. During this time, members of the public have the opportunity to file an Opposition against the trademark. This stage is vital as it determines whether the trademark can move forward to registration or if any valid objections must be addressed. We are here to provide expert assistance and guidance throughout the trademark opposition process, ensuring a smooth and effective resolution.

Trademark Opposition

submitting an application to the Registrar of Trademarks. After reviewing the application, the Registrar will publish the trademark in the official trademark journal. During this publication period, any individual can challenge the trademark’s registration by filing an opposition with the Trademark Registry where the original application was made. If an opposition is filed, the Trademark Registry will conduct a hearing to address and resolve the issue.

The procedures and guidelines for trademark opposition are detailed in the Trademarks Act of 1999 and the Trade Marks Rules, 2017.

Initiation of Trademark Opposition -Eligibility

Grounds For Trademark Opposition

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

Trademark Opposition Procedure

The process of trademark opposition is as follows:

Initiating a Trademark Opposition

the Registrar within four months from the date the trademark application is advertised in the trademark journal. This submission is made using Form TM-O, along with the required fee.

The opposition notice must include details about the trademark registration application, information about the opposing party, and the reasons for the opposition. Within three months of receiving the opposition notice, the Registrar will send a copy of it to the applicant.

Stage One: Responding with a Counter statement

Upon receiving the opposition notice, the applicant has two months to submit a counterstatement using Form TM-O. This counterstatement should outline their response to the opposition. The Registrar will then forward the applicant’s counterstatement to the opposing party within two months.

If the applicant fails to respond within the two-month period, their trademark registration application will be considered abandoned, and the registration process will be halted.

Stage two:Presenting Evidence in the Opposition Process

The opposing party must provide evidence supporting their opposition to the Registrar within two months of receiving the applicant’s counterstatement. This evidence should also be shared with the applicant.

Following this, the applicant has two months to submit evidence supporting their application after receiving the opposition evidence. This evidence must be shared with both the Registrar and the opposing party.

Optional Stage Three: If necessary, the opposing party has an additional month to submit further evidence after receiving the applicant’s evidence. This additional evidence must be shared with both the applicant and the Registrar.

Hearing & Determining the Outcome of the Opposition

After the evidence exchange, the Registrar will schedule a hearing and notify both parties. If the opposing party is absent, their opposition is dismissed, allowing the trademark registration to proceed. If the applicant is absent, their application is considered abandoned and dismissed. The Registrar will review all written arguments submitted by both sides.

Following the deliberation, the Registrar will decide whether to grant the trademark registration or dismiss the application. The decision will be communicated in writing to both parties at their specified addresses.

Conclusion & Final Steps in the Trademark Opposition Procedure

If the Registrar rules in favor of the applicant, the trademark will be registered, and a certificate will be issued. Conversely, if the decision favors the opposing party, the trademark registration application will be denied.

Importance of Compliance with Filing Requirements

Both the applicant and the opposing party must adhere to filing requirements during the opposition process, as failure to do so can have serious consequences:

Significance of Trademark Opposition in India

The trademark opposition procedure in India ensures that only qualified trademarks receive registration. It allows for public involvement and prevents conflicting trademarks from existing simultaneously in the market. Adhering to deadlines and filing requirements is essential for presenting a strong case.

If you are dealing with trademark opposition or considering opposing a trademark, consult us for expert guidance and support throughout the process.

AKSH IP Associates: Your Trusted Partner in Trademark Opposition

AKSH IP Associates offers comprehensive assistance in the trademark opposition process in India:

By choosing AKSH IP Associates, individuals and businesses can efficiently navigate the trademark opposition process, enhancing their chances of successfully protecting their trademark rights in India. Rely on AKSH IP Associates for comprehensive trademark services, including trademark search, registration , objections, renewal, and more.

Difference between Trademark Objection and Trademark Opposition

Trademark ObjectionTrademark Opposition
A Trademark Examiner issues an objection to the trademark.A trademark faces opposition from a third party.
No fees are required.Fees must be paid when submitting a reply to the opposition.
A reply must be submitted within one month.A reply is due within three months, with a possible one-month extension.
Trademark objection is part of the registration process.Trademark opposition is a separate process.

Documents Needed for a Trademark Opposition

Signed Evidence

Sales Invoice

Advertisement Copies

Product Images

Government Registration Certificate

Social Media Accounts Screenshot

Letter Head Copy

Visiting Card

FAQs

Trademark opposition is a legal challenge against the registration of a trademark, initiated during its four-month publication period in the official government journal. This allows any member of the public to object to the trademark if they believe it infringes on their rights or is otherwise unsuitable for registration.

Any individual or entity, including customers, competitors, or any member of the public, can oppose a trademark application. The opposer does not need to have a prior registered trademark or a direct commercial interest in the matter.

You can perform a trademark search by using online search tools provided by trademark registries or consulting with a trademark professional. This involves checking existing trademarks to see if your desired mark is already registered or similar to another mark.

Grounds include similarity to an existing trademark, lack of distinctiveness, descriptiveness, bad faith, customary usage, likelihood of confusion, illegality, prohibition under the Emblem and Names Act, 1950, and potential to offend religious sentiments.

The first step is to file a notice of opposition using Form TM-O within four months of the trademark’s publication in the journal.

Customer Reviews for Trademark Search

Rahul Chouhan
Rahul Chouhan
Trademark Registration
10 months ago
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Excellent Service
"Aksh IP Associates made the trademark registration process incredibly smooth and hassle-free. They were thorough, responsive, and kept me informed at every step. Highly recommend their services!"
Kunal Gupta
Kunal Gupta
Trademark Objection
11 months ago
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Objection Overcome!
"When my trademark faced an objection, Aksh IP Associates stepped in and turned the situation around. Their strategic approach and deep understanding of trademark law were instrumental in overcoming the objection."
Amit Modi
Amit Modi
Trademark Hearing
5 months ago
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Great Legal Support
"The trademark hearing process can be daunting, but Aksh IP Associates provided excellent legal support. They guided me through the entire process and ensured my case was well-presented."
Sohil
Sohil
Trademark Registration
7 months ago
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Highly Recommend!
"I was nervous about registering my trademark, but Aksh IP Associates made it so easy. Their expertise and customer service were outstanding. I felt confident throughout the entire proces
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