OVERVIEW

What is a Trademark Opposition?

Trademark Opposition in India occurs after the registrar approves the trademark application for distinctiveness and publishes it in the journal for third-party opposition. Within a period of 3 months, which can be extended by an additional month (3+1), anyone can oppose the published trademark from the day it was first published. If an opposition is filed, an opposition proceeding commences, and both parties involved must reach a conclusion. A decision will be made as to whether the mark can be registered or abandoned. Anyone who believes that the published mark could cause confusion among the public is free to file an opposition, while the responsibility of defending the trademark rests with the trademark registrant.

BENEFITS

Benefits of filing Trademark Opposition

Highly effective remedy for TM owner

Trademark opposition is a critical stage that enables registered trademark owners to prevent any mark that could potentially harm or dilute their brand, or create confusion in the market.

Public consultation

As the brand is established through public recognition and demand, it is crucial to seek the public's input to determine the registrability of the proposed trademark.

ONLINE REGISTRATION

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 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 date 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

File TM Opposition in 3 Easy Steps

1. Answer Quick Questions

Spare less than 10 minutes to fill our online Questionnaire
Upload all the required documents
Make payment through secured payment gateways

2. Experts are Here to Help

Dedicated Relationship Manager
Consultation regarding the Trademark opposition application
Provide the required documents
Provide Application No. & TM Registration Certificate(if any)
Preparation & filing of the application

3. Your Trademark Opposition Application is ready

All it takes is 15-20 working days*

_{*Subject to Government processing time}

Trademark Opposition Process

Day 1 - 2 Collection

Discussion and collection of basic Information
Provide required documents

Day 3 - 7 Execution

Drafting of Opposition application by Professionals

Day 8 - 9 Submission

Filing of online TM-O application

Explore Trademark Opposition

Frequently Asked Questions

Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.

The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition

In India, anyone can file for the Trademark Opposition. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.

Through a common law of rights of passing off, one can file an opposition even if the Trademark application is pending or already in use if not registered. This law prevents any person from selling his goods/services as that of another and benefiting from it.

The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.

In a case where the notice of opposition is filed on the use of the mark, it is essential to show that the disputed mark or logo has become distinctive and is recognized that of the plaintiff’s goods and services. Hence, any mark that can cause confusion among the consumers cannot be registered as it would harm the already existing users’ business.