Trademark Opposition

Trademark Opposition Filing

Trademark opposition is filed by any person for opposing a trademark which is advertised in the journal by the trademark registry. It aims to protect trademark being misused by the others or to stop someone trying to take benefits of creativity without permission or creating ambiguity or misguiding the public.

Any person like a customer, member out of the public or competitor or any other person whether having any commercial or personal interest or not but if thinks that the trade mark if being registered can misguide or create confusion in the mind of customer/public or reason may be varied then can file trademark opposition within four months from the date of trade mark being published in journal .

Reasons for Trademark Opposition

Any person can file notice of trademark opposition for the different reasons like absolute grounds, relative grounds, prohibited mark etc. The act does not provide any specific grounds of opposition.

There are some of the grounds for trademark opposition in India:

• When trademark is similar or identical to an earlier or existing registered trademark.
• When trademark is likely to deceive the public or cause confusion or misguide.
• When trademark is in contradict with the law
• The trademark is restricted under the Emblem and Names Act, 1950.
• When trademark consist of matters that are likely to hurt religious feelings of any class or section of people.

Document Required for Trademark Opposition

Following are the documents required for Trademark Opposition:

• Authorization Documents
• Evidence in Support of Notice of Opposition/Counter Statement

Trademark Opposition Process

• STEP-1 Once the trademark opposition notice is filed by opponent with the Trademark Registrar then, the Registrar would serve a copy of the trademark opposition notice to the trademark applicant.
  Trademark opposition must includes the details of the trademark opposition party including name and address and the grounds for trademark opposition.
• STEP-2 Within two months of receipt of the trademark opposition notice, the trademark applicant must file a counter statement.
  Counter statement is file by the applicant against the opponent to the Registrar of Trade Mark. This is the reply of opposition filed by the opponent and the applicant file the grounds and appeals that how it is different and does not create any ambiguity and is known for his brand name only.
  In case if the trademark applicant could not file the counter statement within the prescribed time limit then the trademark application shall be deemed to have been "abandoned".
• STEP-3 Depends on the trademark opposition and the counter-statement filed by both the parties, the Registrar may call for the hearing to both the parties. The Registrar then take action based on the evidence presented.
• STEP-4 In case if registry is satisfied with a trademark opposition, then the registration of the trademark will be refused and if the trademark opposition is rejected, the trademark will be registered.