Trademark registration in Mohali, Trademark registration in Chandigarh, Trademark registration in Panchkula

Trademark Opposition

Our Process

Procedure for online TRADEMARK OPPOSITION in India

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Documents Required for Trademark Objection Online

Only Scanned Copies are required

Signed Invoices

Advertisement Copies

Power Of Attorney

Product Images

What You Get

Trademark Opposition Online - An Overview

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.

Initiation of Trademark Opposition -Eligibility

  • No matter their personal or professional interest, “any person” may object to a trademark under Section 21 of the Trademark Act.
  • A trademark can be contested by a competitor, client, member of the public, or any other individual. Additionally, the party opposing the trademark must be the previous owner of a registered trademark.
  • Following the filing of a trademark opposition, it is up to both parties to decide whether to register or abandon the trademark.
  • Anyone can file an opposition while the trademark registrant is responsible for defending the mark if they think the published mark might cause confusion among the public.

Grounds For Trademark Opposition

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 trademark is similar or identical to an earlier or existing registered trademark.
  • The trademark is devoid of distinctive character.
  • The trademark is descriptive.
  • The trademark registration application is made with bad faith.
  • The trademark is customary in the current language and or in the established practices of a business.
  • The trademark is likely to deceive the public or cause confusion.
  • The trademark is contrary to the law or prevented by law.
  • The trademark is prohibited under the Emblem and Names Act, 1950.
  • The trademark contains matters that are likely to hurt any class or section of people’s religious feelings.

Trademark Opposition Procedure

The process of trademark opposition is as follows:

Initiating a Trademark Opposition

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.

Stage One: Responding with a Counter statement

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.

Stage two: Presenting Evidence in the Opposition Process

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.

Hearing & Determining the Outcome of the Opposition

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.

Conclusion & Final Steps in the Trademark Opposition Procedure

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.

Opposition Vs Objection

AspectTrademark ObjectionTrademark Opposition
Raised ByTrademark examinerThird party
TimingDuring the examination stageAfter publication in the trademark journal
GroundsNon-compliance with trademark laws and guidelinesSimilarity to existing trademarks, lack of distinctiveness, etc.
Response TimeTypically 30 daysTypically two months for counter-statement
OutcomeApplication proceeds if objection is resolvedRegistration may be granted or denied based on the opposition
PurposeEnsure compliance with legal requirements before publicationProtect existing trademarks and prevent misuse or confusion
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