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File a Trademark Opposition to protect and secure the exclusive rights to your brand.
Trademark Opposition in India occurs after the Registrar approves a trademark application based on distinctiveness and publishes it in the Trademark Journal for third-party review. Any person can oppose the published mark within 3 months from the publication date, with a possible extension of 1 month (total 3+1 months). Once opposed, formal opposition proceedings begin, requiring both parties to present their cases.
The final decision—whether to register or abandon the trademark—is made based on the arguments and evidence provided. There are no limitations on who can file an opposition; anyone who believes the mark may cause confusion among the public can do so, while the responsibility to defend the trademark lies with the applicant.
Trademark opposition plays a crucial role, offering registered trademark owners the opportunity to prevent the registration of any mark that could dilute their brand, cause confusion in the market, or harm their brand identity.
Since a brand is built through public recognition and demand, it is essential to seek public input on the registrability of a trademark before it is officially registered.
Details such as the name, address, and nationality of the applicant are required.
Body corporates or other entities must also provide their certificate of registration.
Detailed information about the trademark being opposed, including its name and the primary grounds for filing the opposition.
If the trademark is similar or identical to an earlier or existing registered trademark.
If the mark is devoid of any distinctive character or is descriptive.
The trademark is likely to deceive the public or cause confusion.
If the mark is customary in the current language, or it is in the established practices of business.
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
A Notice of Opposition is a formal document filed by a third party challenging the registration of a trademark after it has been published in the Trademark Journal. It initiates the legal process to prevent a conflicting or similar mark from being registered.
You must file the Notice of Opposition within 3 months from the date the trademark is published in the journal. This period can be extended by one additional month upon request.
Any individual, company, partnership, or legal entity that believes a trademark registration could infringe upon their existing rights or cause confusion in the market may file an opposition.
Yes, you can. Even if your mark is not registered in India, you can oppose a trademark based on your prior use or pending application, provided you can demonstrate commercial usage or brand recognition.
Once the opposition is filed, the Trademark Registry notifies the applicant. The applicant must then file a counterstatement within two months. If they fail to respond, the application is deemed abandoned. Otherwise, the case proceeds to the evidence stage and hearings before a final decision is made.
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.
File Trademark Opposition to secure your brands’ exclusivity