Trademark opposition is basically filed for opposing a trademark which is advertised in the journal by the trademark registry from registration. It is mainly a way to protect your trademark being misused by the others or to stop someone trying to take benefits of your creativity or efforts without your permission.
For this Trade and Merchandise Marks Act, 1958 had been introduced by the government which is repealed by the Trademark Act, 1999 in the year in the Fiftieth Year of the Republic of India
A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee. The trademark notice of opposition must be filed within 3 months of the date that the trademark application is published for opposition unless a request for an extension of time to oppose is filed with the Board (which is usually instantaneously granted).
A trademark opposition must allege one or more grounds for challenging a trademark application. Most often, a trademark application is opposed by someone who owns prior rights in an identical or confusingly similar trademark. But, trademark applications can also be challenged on a number of other grounds.
For instance, oppositions may be based on the opposer’s belief that the trademark is merely descriptive, deceptively misdescriptive, generic, functional, or likely to dilute the distinctive quality of the opposer’s famous trademark. In addition to alleging a valid ground for opposition, the opposer needs to show that it has standing to oppose the application. In other words, the opposer must allege in the notice of opposition that it has a direct and personal stake in the outcome of the proceeding and that it could be harmed by the registration of the trademark.
Shortly after a notice of opposition is filed, the Board will institute the opposition proceeding, assign it a proceeding number, and notify both parties of the schedule the opposition will follow. This schedule informs the parties of many important dates and deadlines by which certain actions must be taken. However, the schedule can be quite easily amended through mutual agreement between the parties and approval by the Board.
The term “Trademark Opposition” is an objection filed by a third party against a trademark’s registration within the time period in which the trademark in question is residing in the journal. In order to file a trademark opposition notice, the aggrieved person – the one who is opposing the registration of a trademark – has to establish one of the following grounds:
One question that often bothers those watching over the legality of brand names is the difference between trademark objection and trademark opposition. There is an array of differences that exist among these brand names and they are as follows:
The issuer of a trademark Opposition notice is a third party.
The issuer of trademark objection is the Trademark Registrar.
A trademark opposition fees have to be paid during the notice filing procedure.
No fee is paid by the registrar when delivering the trademark objection notice.
A trademark opposition is raised during the four months period of the trademark publication.
The Notice of Trademark Objection is filed within a month after trademark application filing.
Trademark Opposition isn’t a part of the registration process, it is an obstacle.
The ratio of trademark objections states that they are necessarily part of the procedure.
After the passing of the judgement, the opponent and the aspirant, both can file an appeal for re-hearing.
After the rejection, the applicant can make an appeal to the trademark appellate authority.
As you can see, there is an array of complications you might end up facing when you are opposing a trademark or facing trademark opposition.
When you are filing the notice of opposition, trademark laws that exist can put the following complications before you:
Facing a trademark opposition notice once you face the trademark opposition is an issue in itself. However, once you start the opposition proceedings, you are bound to face the following issues:
As you can see, whether you are the one initiating the trademark opposition process, or are the one who wants to fight against it, you need the aid of trademark registration experts.
That is where Registrationwala comes in. We have handled an array of trademark opposition cases throughout the course of our professional experience. Their varying nature and the dedication of our trademark opposition service providers will be more than enough to help you win your case.
There are two sets of eligibility criteria to keep in mind when diving into the trademark opposition process in India: As an opponent and as an aspirant.
As an trademark registration aspirant, In order to be eligible to up against trademark opposition, you need to have all the evidence to back up your case.
If you are the one opposing a registered trademark, then you must have a case sturdy enough to deal with existing brand names in India. Following are the entities that can become opponents to the trademark registration request:
Following are the documents that are required for trademark Opposition:
Simply put, the documents you require as an opponent are as follows:
The documents you require as the trademark registration applicant:
The simple trademark opposition process in India is as follows.
Here is the complete explanation of what happens during the trademark opposition procedure:
We, at Registrationwala provide end-to-end solutions for Trademark Opposition. Our services include:
Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Trademark Opposition.
Contact us now if you seek us to represent you in case of trademark opposition.
A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee.
It is not advisable to use a template for reply to trademark opposition format. You must instead hire a specialist to help you deal with the case of trademark infringement in India.
You can download the sample of a trademark opposition notice from any online portal. However, since the reasons for opposition vary, it would be better for you opt for a consultant who can draft for a customized notice of opposition.
To fight trademark opposition, you need to fill out a counter-statement along with the evidence to support your registration.
To file a trademark opposition, you need to fill out a notice of trademark opposition to the IP authorities along with requisite fees for the same.
To answer the trademark opposition notice, the applicant must file a counter statement within two months of receiving the notice.
There is no direct way to deal with trademark opposition in India. That being said, you can make sure that:
To draft a suit of trademark opposition in India, you can refer to the Manual of Trademarks. Or, you can get the aid of Registrationwala’s legal team to draft a suit on your behalf.
Trademark opposition can be settled by either the following ways:
The complete procedure of trademark opposition can take up to one year. However, if the case is complex, it can take more time.
A trademark opposition notice is the document filed by the opponent of trademark registration.
Yes, a power of attorney must be filed while filing the notice of trademark opposition.
You can withdraw trademark opposition notice using a special petition and submitting it to the court. However, if you fail to present any evidence to support your opposition within two months, your opposition will be considered withdrawn.
Yes, you must mention the trademark class while submitting trademark opposition form.
The counter statement of trademark opposition contains the following details:
Counter statement is the legal document to challenge the notice of trademark opposition.
The procedure of trademark opposition counter statement entails of the following steps:
Trademark is published for opposition to ensure that only original brands that don’t violate any provisions of the trademark act get known in India.
The trademark opposition period is same as the time the trademark is advertised in the journal.
You can get the opposition details of your trademark by logging in to the IP India portal and checking your trademark registration status.