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A Trademark Opposition is basically filed for opposing a trademark advertised in the journal by the trademark registry from registration. It is mainly a way to protect your Trademark from being misused by others or to stop someone from trying to take benefit of your creativity or efforts without your permission.
For this, Trade and Merchandise Marks Act, 1958 was introduced by the government, which was repealed by the Trademark Act, 1999 in the year in the Fiftieth Year of the Republic of India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 three 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. For example, suppose you want to know how to file an opposition to a trademark application. In that case, this can be done 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 trademark opposition 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 the 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 the registration of the Trademark could harm it.
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:
Copied Trademarks: The mark that doesn’t have distinct features or characteristics from a registered trademark.
Descriptive Trademarks: If the Trademark vehemently describes the quality, intended purpose, or the quality of the product, it comes under the grounds of trademark opposition in India.
Deceptive Trademarks: The trademarks with certain features similar to an existing brand are considered to have the potential to confuse the public – deceiving them. Such deceptive trademarks can be opposed.
The Prohibited Trademarks: Brand names or devices that are prohibited under the Emblem and Names Act, 1950, come under the prohibited trademarks.
Common Trademarks: Common trademarks are general terms used in everyday life. Such marks can face opposition from a third party.
Hurtful Trademarks: Certain trademarks that can hurt the sentiment of a particular community come under brand names that can face opposition on the grounds of being offensive.
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:
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Trademark Opposition |
Trademark Objection |
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The issuer of a trademark Opposition notice is a third party. |
The issuer of trademark objection is the Trademark Registrar. |
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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. |
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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. |
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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. |
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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 trademark opposition is an issue. However, once you start the proceedings according to the Trademark Opposition rules, 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 in India 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 a 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 oppose a registered trademark, 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:
Authorization Documents: Here, the authorization documents can refer to the Trademark opposition form 5 or the application or a counterstatement trademark opposition sample in India, which can be in a PDF format.
Evidence in Support of Notice of Opposition/Counter statement: The evidence you need to provide must be thorough. Regardless of how insignificant the evidence might seem, you must provide all the evidence. Even a speck of information can prove reliable during the trademark opposition proceedings.
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:
Filing of the trademark opposition notice: First, the aggrieved person fills out then fills out and delivers the trademark opposition notice to the applicant during the months of advertisement of the brand. The document is derived from the standard notice of opposition trademark sample in India.
Filing of the counterstatement: After receiving the notice, the applicant must file a counterstatement within two months. The trademark application is abandoned if no counter statement is filed.
Assessment of the statements: The trademark authorities will assess both statements and then ask for evidence.
Filing of trademark opposition evidence: The opponent will then file trademark opposition evidence to support their stand of opposing the registration of the Trademark. It should be done within two months of receiving the counterstatement from the applicant. If the opponent fails to present the evidence during that time, the trademark application will be accepted.
Filing of counterstatement evidence: Within two months of receiving the trademark opposition evidence, the applicant must provide evidence to support the trademark registration. If the applicant fails to do so, the application will be abandoned.
Final hearing: After receiving the evidence from both sides, the trademark opposition authority will conduct a hearing. After hearing both sides of the argument, it will give the final decision.
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.
Q22. Can a registered trademark be challenged?
A. Yes.
Q23. How long is a trademark published for opposition in the trademark journal?
A. Four months.
Q24. What are the trademark opposition costs for filing a reply?
A. Consult Registrationwala to know how a trademark opposition filing of reply can be done at a minimal cost.
Q25. Who can oppose a trademark application?
A. Anyone can.
Q26. What is opposed in the Trademark?
A. Similarity in appearance with other trademarks.
Q27. How to oppose a trademark application?
A. You must constantly be aware of the latest trademark publication in the journal. If you find a published trademark to have some similarity with an existing trademark, then you can raise an objection with the Authority.
