Trademark Opposition

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Trademark Opposition

Once the registry accepts a trademark application, it undergoes a crucial step – publication in the government journal for four months. During this phase, any general public member can raise Opposition against the trademark. This opposition of trademark stage holds significant importance in determining whether the trademark can proceed toward registration or if valid objections need to be addressed. IndiaFilings stands ready to offer expert assistance and guidance to navigate the process of trademark opposition in India, ensuring a seamless and effective resolution.

Trademark Opposition

Under the Trademarks Act of 1999, trademarks can be registered in India. To do this, trademark owners must submit their application to the Registrar of Trademarks. Once the Registrar reviews the application, they will publicize the trademark in the official trademark journal. Any individual can challenge the registration of a trademark once it’s listed in the Trademark Journal. Such challenges or oppositions should be directed to the Trademark Registry, where the original application was made. Should any opposition arise, the trademark registry will hold a trademark opposition hearing to resolve the issue.

The procedures and guidelines for trademark opposition in India are outlined in the Trademarks Act, 1999 and the Trade Marks Rules, 2017.*

Initiation of Trademark Opposition -Eligibility

Grounds For Trademark Opposition

Trademark Opposition Procedure

The trademark opposition procedure is as follows:

Initiating a Trademark Opposition

Suppose an individual wishes for an opposition of trademark. In that case, they can submit their concerns to the Registrar within four months from the date the registration application was advertised in the trademark journal. This is done using Form TM-O, accompanied by the necessary fee.

This opposition notice should detail the trademark registration application, information about the opposing party, and the reasons for Opposition. Within three months of receiving this, the Registrar will forward the applicant a copy of the opposition notice.

Stage One: Responding with a Counter statement

Upon receiving the opposition notice, the applicant has a two-month window to submit a counterstatement using Form TM-O. This statement should clarify their stance. The Registrar will provide the opposing party with the applicant’s counter statement within two months.

If the applicant doesn’t respond within the specified two months, their trademark registration application is deemed abandoned, halting the registration process.

Stage two: Presenting Evidence in the Opposition Process

The party opposing the trademark must present Evidence backing their Opposition to the Registrar within two months of receiving the applicant’s counterstatement. This Evidence should also be shared with the applicant.

Subsequently, 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 needed, the opposing party has another month to submit further Evidence after receiving the applicant’s Evidence. This, too, must be shared with the applicant and the Registrar.

Trademark Opposition Hearing & Determining the Outcome of the Opposition

The Registrar schedules a trademark opposition hearing after the evidence exchange, notifying both parties. Should the opposing party be absent, their Opposition is dismissed, leading to the trademark’s registration. Conversely, if the applicant is absent, their application is considered abandoned and is dismissed. All written arguments provided by both sides will be taken into account.

Post deliberation, the Registrar determines whether to register the trademark or dismiss the application. This decision is then communicated in writing to both parties at their specified addresses. This is the specific process involved in the trademark opposition hearing.

Conclusion & Final Steps in the Trademark Opposition Procedure

If the Registrar rules in favor of the applicant, the trademark gets registered, and a certificate is issued. However, the trademark registration application is denied if the decision is in the opposing party’s favor.

Importance of Compliance with Filing Requirements

Both the applicant and the opposing party must adhere to filing requirements during the opposition of trademark 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 deserving trademarks are granted registration. It facilitates public participation and prevents conflicting trademarks from coexisting in the market. Timely adherence to timelines and filing requirements is crucial for effective case presentation.

If you’re facing trademark opposition or considering opposing a trademark, consult IndiaFilings for expert guidance and support throughout the process.

Rago Trademarks: Your Partner in Trademark Opposition

Rago Trademarks offers comprehensive assistance in the trademark opposition process in India: Expert Guidance: Our experienced professionals, well-versed in trademark laws, provide expert guidance and advice throughout the opposition process, ensuring a well-founded and effective opposition.

By choosing Rago Trademarks, individuals and businesses can navigate the opposition of trademark process efficiently, increasing the likelihood of successfully protecting their valuable trademark rights in India. Trust Rago Trademarks to be your reliable and trusted partner for all trademark-related matters, including trademark search, trademark registration, trademark objections, trademark renewal, and more.

Customer Reviews For Trademark Opposition

” I am very happy with their services. The application filing was quick and it was a good experience dealing with them. “
Satabdi Jena
Founder
The Strange Co.
“Team Rago was efficient and good in getting my trademarks registered. “
Sunil K. Bansal
Director
Bansal Trading

Frequently Asked Questions​ ( FAQs )

An opposition can usually be filed during the “opposition period,” which begins after the trademark is published in the official gazette or trademark journal. This period typically lasts 30 to 90 days, depending on the jurisdiction.

Any person or entity that believes they will be harmed by the registration of a trademark can file an opposition. This often includes owners of similar trademarks or businesses in related industries.

Common reasons for opposition include:

  • Likelihood of confusion with an existing trademark.
  • The mark is descriptive, generic, or lacks distinctiveness.
  • The mark is deceptive, offensive, or violates public policy.
  • The mark infringes on the rights of a well-known or famous trademark.

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