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In India, trademarks can be registered under the Trademarks Act 1999. Owners of trademarks must apply to the Registrar of Trademarks in order to accomplish this. Following application review, the trademark will be made public in the official trademark journal by the Registrar. Once a trademark is published in the Trademark Journal, anybody may contest its registration. Such oppositions or challenges ought to be sent to the Trademark Registry, the place where the first application was filed. In the event of opposition, a hearing will be held by the trademark registrar to address the matter. There is simple Trademark opposition Rules, if you feel someone else application is similar with your brand, or may hurt your brand, you can simply oppose trademark registration. There is trademark opposition timeline i.e 4 moths. You can contact us for notice of opposition trademark in India or counter statement trademark opposition in India . We offer all kind of trademark opposition services.
The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:
The process of trademark opposition is as follows:
Let’s say someone wants to object to a trademark. If so, they have four months from the day the registration application was published in the trademark journal to address their concerns with the Registrar. Form TM-O is used for this, and the required payment is included.
The applicant has two months from the date of the objection notice to file a counterstatement using Form TM-O. This declaration ought to make their position clear. Within two months, the opposing party will receive the applicant’s counterstatement from the Registrar.
Within two months of receiving the applicant’s counterstatement, the party opposing the trademark must provide the Registrar with evidence supporting their opposition. The petitioner should also be given access to this evidence.
Third Optional Stage: After receiving the applicant’s evidence, the opposing party has a further month to provide more evidence, if necessary. Both the Registrar and the petitioner need to know about this.
Following the exchange of evidence, the Registrar notifies both parties and sets up a hearing. If the other party is not present, their opposition is rejected, which results in the trademark being registered. On the other hand, the applicant’s application is deemed abandoned and is rejected if they fail to appear. Every written argument submitted by either party will be considered.
A certificate is issued and the trademark is registered if the Registrar grants the applicant’s request. However, if the decision is in favors of the opposing party, the trademark registration application is rejected.
Aspect | Trademark Objection | Trademark Opposition |
Raised By | Trademark examiner | Third party |
Timing | During the examination stage | After publication in the trademark journal |
Grounds | Non-compliance with trademark laws and guidelines | Similarity to existing trademarks, lack of distinctiveness, etc. |
Response Time | Typically 30 days | Typically two months for counter-statement |
Outcome | Application proceeds if objection is resolved | Registration may be granted or denied based on the opposition |
Purpose | Ensure compliance with legal requirements before publication | Protect existing trademarks and prevent misuse or confusion |
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