Trademark Opposition
Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.
- Impugned application number.
- Indication of the goods or services from the trademark application.
- The name of the applicant for the trademark sought to be opposed.
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Trademark Opposition Process
Opposition Notice
Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first date of appearance. It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees
Counter-Statement
After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement.
Hearing
After the evidence filing stage is over, the registrar shall send notices to both parties stating the date of hearing, which shall be at least one month after the date of the first notice. The hearing is based on the notice of opposition, the counter-statement filing, and the filed evidence.
Appeals
Based on the review of the evidence submitted and the hearing of both the parties, the registrar decides whether the opposition was successful at doing so and, in turn, determines whether the trademark should be registered or not. decision may challenge the same by filing an appeal before the Intellectual property Appellate Board.
Why should a Trademark Opposition be filed?
A trademark opposition can be raised under different sections like the absolute grounds, relative grounds, prohibited mark, or
even concerning the opposed trademark’s proprietorship.
The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark
opposition may be opposed mentioned below:
- The trademark is similar or identical to an earlier or existing registered trademark.
- The trademark is devoid of distinctive character.
- The trademark is descriptive
- The trademark registration application is made with bad faith.
- The trademark is customary in the current language and or in the established practices of a business.
- The trademark is likely to deceive the public or cause confusion.
- The trademark is contrary to the law or prevented by law.
- The trademark is prohibited under the Emblem and Names Act, 1950.
Time Limit for Trademark Opposition
After the trademark advertisement in the Trade Marks Journal, any person can oppose the trademark registration for three months (which may be extended by a period not exceeding one month). Trademark opposition filings can be done only at the Trademark Registrars’ office and cannot be taken directly to a Court or the Appellate Board (IPAB).
If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the brand will be registered.