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Trademark Opposition

Trademark Opposition

What is Trademark Opposition?

Trademark opposition may come at the stage after registrar has approved the trademark application on the distinctive factor and publishes the trademark in the journal to know whether any third parties have opposition. Anyone who finds a reason (ie: similarity with the mark he/she owns or The trademark is similar or identical to an earlier or existing registered trademark, the mark is devoid of distinctive character, the mark is descriptive in nature, application for the trademark is made with bad faith etc) to oppose the published trademark in the journal within 3 months, which can be extended to 1 more month (effectively 4 months) from the date of publication of journal. If the mark is opposed by anyone, opposition proceeding will be initiated by the registry, with which both parties involves and need to conclude and the decision has to be taken. According to the decision made, registry will decide whether the mark have to be registered or not. There is no restriction for one to file an opposition to a published mark, while it would be his/her responsibility to prove the published mark will create confusion among the public in terms of similarity with any other registered mark. The owner of published mark can defend opposition by submitting his/her stands to prove the distinctiveness of the mark.

Book for Trademark Opposition for Rs.6000

    Benefits of Filing Trademark Opposition

    Trademark opposition is a highly effective remedy for a Trademark owner to prevent anybody else from the usage of similar marks on the same class, which makes confusion among public. As an established brand is created through the public demand, popularity and many more pain factors, it’s very important to consult public for approval about registration of applied Trademark.

    Documents Required for Filing a Trademark Opposition

    • Details of Applicant:

      Name, Address, Nationality, etc. of the applicant, in case the applicant is an individual.

    • Registration Certificate:

      Body Corporate/Other Categories of entities need to provide Registration Certificate

    • Power of Attorney:

      Power of Attorney allows the attorney to file the trademark opposition on your behalf.

    • Affidavit:

      Affidavit with basic information about the trademark and its user date

    • Proof of use:

      Such as invoices, receipts, registration certificates with the mark mentioned on it.

    • Details about Opposed Mark:

      Details of the published mark (in the journal) which needed to be opposed (details like – Name of the mark and grounds on which opposition should be filed)

    Grounds for Applying for Opposition

    • If the applied trademark is similar or identical to an earlier or existing registered trademark.
    • If the mark is devoid of any distinctive character or is descriptive.
    • The trademark is likely to cause confusion or deceive the public
    • If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
    • If the mark contains matters that are likely to hurt religious sentiments of any class or section of people

    File Trademark Opposition in 3 Easy Steps

    Step 01

    Register & Pay

    • Select any package suits your requirement
    • Fill up the form which will take less than 10 minutes
    • Make payment through secure payment gateway.

    Step 02

    We Will Help

    • Your queries will be answered quickly and effectively
    • Consultation regarding Trademark opposition application
    • Provide details & upload documents required for filing Trademark Opposition
    • Drafting of POA and User Affidavit
    • Sending POA and User Affidavit to client
    • Receipt of signed POA and User affidavit from Client
    • Provide Application number and TM Registration Certificate (if any)
    • Preparation and filing of the application

    Step 03

    Opposition Filed

    Your Trademark opposition filed successfully

    All it takes 15 – 20 days*
    *Subjected to Government Processing Time

    The Process of Trademark Opposition

    Day 1- 2

    • Collection of Information
    • Discussion on the Grounds Opposition to be filed
    • Collection of required documents

    Day 3 – 6

    • Drafting of POA and Affidavit
    • Sending POA and Affidavit to client

    Day 7 – 9

    • Receipt of duly signed POA and User affidavit from Client
    • Drafting of Opposition application by professionals

    Day 10 – 11

    • Filing of online Trademark Opposition Application

    Frequently Asked Questions

    What is trademark opposition?

    Trademark opposition comes at the stage after registrar has approved the trademark application on the distinctive factor and publishes the trademark in the journal for third-party opposition. Anyone who finds a reason to oppose the published trademark in the journal within 3 months, which can be extended to 1 more month (effectively 4 months) from the date of publication of journal.

    What is the time period for filing the Notice of Opposition?

    Anyone who finds an appropriate reason to oppose the published trademark in the journal within 3 months, which can be extended to 1 more month (effectively 4 months) from the date of publication of journal.

    Who can file the notice of opposition?

    Anyone who finds a reason to oppose the published trademark in the journal within 3 months, which can be extended to 1 more month (effectively 4 months) from the date of publication of journal.

    My mark is not registered in India; can I file an opposition based on my pending application and use?

    Through a common law of rights of passing off, one can file an opposition even if the Trademark application is pending or already in use if not registered. This law prevents any person from selling his goods/services as that of another and benefiting from it.

    What is the next stage once I file the Notice of Opposition?

    The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.
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