What is Trademark Opposition?
A Trademark Opposition is filed when the registrar scrutinizes further to check if a same/identical name is been registered previously at the registry office before. After a thorough check at the Trademark office, it is when the Registrar is satisfied by the application of Trademark Registration. Then the application is advertised in the Trademarks Journal. The purpose behind publishing a Trademark in the Trademark Journal is to enable any third party to view the trademark and file a Trademark Opposition against it. Your Trademark stands opposed when any third party files an opposition your trademark status will reflect as 'Opposed'.
Who can file a Trademark Opposition?
As stated in Section 21 of the Trademarks Act, 1999 that 'any person' can file the notice of opposition. Let us further look at the categories:
- Which includes individuals, companies, partnership firms and trusts. In fact, when more than two persons have the same issues against a trademark, they can be joined together as opponents.
- The owner of an earlier trademark application or registration which covers the same Trademark for similar goods.
- A person who has used the same or a similar trademark prior to the client, but who has not sought registration of the trademark.
What are the grounds under which Trademark Opposition can be filed in India?
The grounds under which a person may initiate Opposition Proceedings are:
- When the trademark is similar or identical to an earlier or existing registered trademark.
- When the mark is devoid of any particular character.
- When the mark is descriptive in nature.
- When the Application for the trademark is made with bad faith.
- When the mark is customary in the current language or in the established practices of business.
- When the trademark is likely to deceive the public or cause confusion.
- When the mark is contrary to the law or is prevented by law.
- When the trademark is prohibited under the Emblem and Names Act, 1950
- When the mark contains matters that are likely to hurt the religious feelings of any class or section of people.
Documents required to file a Trademark Opposition
- Details of applicant: Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide with a registration certificate
- Power of Attorney: It allows the attorney to file the trademark opposition on your behalf
- Affidavit: Affidavit with the basic information about the trademark and its user data and proof of use
- Details about the opposed mark: Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition
To know about Trademark Opposition Process Click Here!
What is the timeline for filing a Trademark Opposition?
The time limit for filing an opposition by third-party is within 3 months (extendable by 1 month) from the date of publication of the trademark.
Benefits of Filing Trademark Opposition
Let us look at the benefits a Trademark Holder get while opposing a Trademark:
- Limit one from the creation of a similar brand
- Identical Trademark is banned
- To Clear Confusion among Brands
- Lifetime Assurance
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