Accounting
LLP vs Pvt Ltd – Which Business Structure is Right for You?
Introduction Choosing the right business structure is crucial for long-term success. Two of the most popular structures in India are the Limited Liability Partnership (LLP)
File a Trademark Opposition to safeguard and secure your brand’s exclusive rights.
Trademark Opposition in India takes place after the Registrar approves a trademark application based on its distinctiveness and publishes it in the Trademark Journal for public review. Any person can file an opposition within three months from the publication date, with a possible one-month extension.
Once an opposition is filed, formal proceedings begin, requiring both parties to present their arguments and evidence. The final decision—whether to register or abandon the trademark—is based on the merits of these submissions. There are no restrictions on who can file an opposition; any individual who believes the mark may cause public confusion can do so. The applicant, in turn, is responsible for defending their trademark.
Trademark opposition is vital, allowing registered trademark owners to prevent the registration of marks that may dilute their brand, create market confusion, or harm their brand identity.
As a brand’s value depends on public recognition and demand, seeking public input on a trademark’s registrability before official registration is essential.
Details such as the applicant’s name, address, and nationality are required. Corporate entities or other organizations must also submit their certificate of registration.
Details such as the applicant’s name, address, and nationality are required. Corporate entities or other organizations must also submit their certificate of registration.
An affidavit providing the trademark’s basic details, the date of first use, and supporting evidence of its usage.
Comprehensive details of the trademark being opposed, including its name and the main grounds for filing the opposition.
If the trademark is identical or confusingly similar to an existing registered trademark.
If the trademark lacks distinctiveness or is merely descriptive.
If the trademark is likely to mislead the public or create confusion.
If the trademark consists of terms customary in common language or widely used in standard business practices.
If the trademark is prohibited by law or violates the Emblems and Names (Prevention of Improper Use) Act, 1950.
If the trademark includes elements that may offend the religious sentiments of any community or group.
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.
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File Trademark Opposition to secure your brands’ exclusivity