Trademark Opposition
Opposition
- Drafting Opposition Notice
- Attorney Prepared
- Filing on IPIndia
Opposition Hearing
- Evidence Submission
- Attorney Apperance
- Filing on IPIndia
Trademark Opposition
Trademark Opposition
Once a trademark application is accepted by the registry, it enters a critical phase—publication in the official government journal for a duration of four months. During this period, any member of the public has the opportunity to raise an opposition against the trademark. This phase is crucial in determining whether the trademark can advance toward registration or if valid objections need to be addressed. At Allycon, we provide expert assistance and guidance to navigate the intricacies of the trademark opposition process in India, ensuring a smooth and effective resolution.
Trademark Opposition
Under the Trademarks Act of 1999, trademarks can be registered in India, but the process is comprehensive. Trademark owners must submit their application to the Registrar of Trademarks. Once reviewed, the trademark is published in the official trademark journal. This publication invites any interested individual to challenge the trademark’s registration. Such challenges or oppositions must be directed to the Trademark Registry where the original application was filed. If an opposition is raised, a hearing will be scheduled by the trademark registry to resolve the matter.
The procedures and guidelines for trademark opposition in India are clearly outlined in the Trademarks Act of 1999 and the Trade Marks Rules, 2017.
Initiation of Trademark Opposition -Eligibility
According to Section 21 of the Trademark Act, any person can oppose a trademark, regardless of their commercial or personal interest. This means that customers, members of the public, competitors, or any registered trademark owner can file an opposition. Once an opposition is filed, both parties must discuss whether the trademark should be abandoned or registered. Anyone believing that the published mark could create confusion among the public is eligible to file for opposition, while the burden of defending the trademark lies with the registrant.
Grounds For Trademark Opposition
Indian trademark law does not specify exact grounds for opposition; however, various reasons may lead to a trademark being opposed, including:
- The trademark is similar or identical to an existing registered trademark.
- The trademark lacks distinctive character.
- The trademark is overly descriptive.
- The trademark application was filed in bad faith.
- The trademark is customary in current language or established business practices.
- The trademark may mislead or deceive the public.
- The trademark contradicts legal provisions or is prohibited under the Emblems and Names Act, 1950.
- The trademark includes elements that could offend any group’s religious sentiments.
Trademark Opposition Procedure
- Initiating a Trademark Opposition: If an individual wishes to oppose a trademark, they must submit their concerns to the Registrar within four months from the date of the trademark’s advertisement in the journal. This is done using Form TM-O, accompanied by the necessary fee. The notice of opposition should include details about the trademark application, information about the opposing party, and the grounds for opposition. Within three months of receiving this, the Registrar will provide the applicant with a copy of the opposition notice.
- Responding with a Counter Statement: Upon receiving the opposition notice, the applicant has two months to submit a counter statement using Form TM-O, clarifying their position. The Registrar will then share this counter statement with the opposing party within two months. If the applicant fails to respond within this period, their trademark application is considered abandoned.
- Presenting Evidence in the Opposition Process: The opposing party must submit evidence supporting their claims to the Registrar within two months of receiving the applicant’s counter statement. This evidence must also be shared with the applicant. The applicant then has two months to provide evidence supporting their application, which must also be shared with both the Registrar and the opposing party. If necessary, the opposing party may have an additional month to submit further evidence.
Trademark Opposition Hearing & Determining the Outcome of the Opposition
After the exchange of evidence, the Registrar will schedule a hearing, notifying both parties. If the opposing party is absent, their opposition is dismissed, allowing the trademark to be registered. Conversely, if the applicant is absent, their application is considered abandoned. All written arguments from both sides will be reviewed.
Following deliberation, the Registrar will decide whether to register the trademark or dismiss the application, communicating this decision in writing to both parties.
Conclusion & Final Steps in the Trademark Opposition Procedure
If the Registrar rules in favor of the applicant, the trademark is registered, and a certificate is issued. However, if the decision favors the opposing party, the trademark registration application is denied.
Importance of Compliance with Filing Requirements
Both the applicant and the opposing party must adhere to filing requirements during the trademark opposition process. Failure to comply can result in serious consequences, such as:
- Abandonment of Opposition: Not submitting a counter-reply or necessary documents on time may lead to the abandonment of the opposition, allowing the trademark application to proceed.
- Removal of Trademark Application: If the applicant does not respond or provide necessary evidence, their application may be removed, preventing registration.
Significance of Trademark Opposition in India
The trademark opposition procedure in India plays a crucial role in ensuring that only deserving trademarks receive registration. It fosters public involvement and prevents conflicting trademarks from coexisting in the marketplace. Adherence to timelines and filing requirements is vital for effectively presenting a case.
If you are facing a trademark opposition or considering opposing a trademark, consult Allycon for expert guidance and support throughout the process.
Allycon: Your Partner in Trademark Opposition
At Allycon, we offer comprehensive assistance in navigating the trademark opposition process in India:
- Expert Guidance: Our experienced professionals are well-versed in trademark laws, providing you with insightful guidance and advice throughout the opposition process to ensure a strong and effective case.
- Thorough Trademark Search: Before initiating an opposition, we conduct a meticulous trademark search to identify any similar or conflicting trademarks, which is essential for building a solid case.
- Document Preparation: Our experts assist in preparing all necessary documentation for filing the trademark opposition, ensuring accuracy and compliance with legal requirements.
- Efficient Filing: We handle the entire filing process, submitting the opposition to the Trademark Registry on your behalf and managing the opposition hearing, streamlining the process for timely submissions.
- Timely Updates: Throughout the opposition process, we provide regular updates to keep you informed of progress.
By choosing Allycon, individuals and businesses can effectively navigate the trademark opposition process, enhancing the likelihood of successfully protecting their valuable trademark rights in India. Trust Allycon to be your reliable partner for all trademark-related matters, including trademark search, registration, objections, renewals, and more.
Difference between Trademark Objection and Trademark Opposition
Understanding the distinction between trademark objection and trademark opposition is crucial. Here’s a comparative overview:
| Trademark Objection | Trademark Opposition |
|---|---|
| Issued by a Trademark Examiner | Raised by a third party |
| No fees are required | Fees must be submitted with the reply |
| Response due within one month | Response due within three months (with a one-month extension) |
| Part of the registration process | A separate legal process |
| No response leads to removal of the trademark | No response also leads to potential removal of the trademark |
| Appeal can be made after rejection | Appeal can be made after a judgment is issued |
Related Business Registrations
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
