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A trademark opposition is a legal opposition that strongly opposes the registration of a filed trademark application on sound and valid grounds. Anyone can oppose a mark. It can be a customer, a purchaser, individuals, companies, partnership firms, trusts or a member of the public who may use the goods.
A trademark can be challenged if it appears in the Trademarks Journal within the prescribed period of four months from the filing date or re-filing date of the trademark. Any person can object to the registration of a trademark published in the Journal by filing a notice of objection at the registration office in the prescribed manner and subject to the required fees.
• Vague description of related Goods and Services
• The existence of an Identical Trademark
• False classification of goods or services
• Lack of distinctiveness
• Is contrary to law
• If Trademark prohibited under the Emblem and Names Act, 1950
• Likely to hurt the religious sentiment of a particular section
• of a nature as to deceive the public or cause confusion
• contains scandalous or obscene matter
Applicant Details
Name, Address, Nationality of the applicant
Registration certificate in case of corporate body/other entity
2. Information about the trademark and its user data and proof of use.
Opposition Details
Name and Basic grounds for filing the opposition
You have four months from the date of publication of the trademark application in the Official Trade Marks Journal to file a trademark opposition in India.
The possible outcomes of a trademark opposition are that the opposition is accepted and the registration of the trademark is denied, or the opposition is rejected and the registration proceeds.
The opposition process can take several months to complete and may involve multiple rounds of submissions and hearings. The duration of the process will depend on the complexity of the opposition and the workload of the ITMR.
If the decision of a trademark opposition is not in your favor, you can appeal the decision to the Intellectual Property Appellate Board (IPAB).
Yes, the registration of a trademark will be suspended during the opposition process, and the registration will not be granted until the opposition is resolved.
While it is not necessary to hire a professional to file or defend a trademark opposition, it is highly recommended. A lawyer will be able to guide you through the process, provide legal advice, and help you prepare the necessary documents and evidence to support your case.