Trademark Opposition

Trademark Opposition

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.

Trademark Opposition Features

1. Highly effective remedy for TM owner

Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the market

2. Public consultation

As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.

Grounds for Applying for Opposition

  1. If the trademark is similar or identical to an earlier or existing registered trademark.
  2. If the mark is devoid of any distinctive character or is descriptive.
  3. The trademark is likely to deceive the public or cause confusion.
  4. If the mark is customary in the current language, or it is in the established practices of business.
  5. If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
  6. The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
checklist 239x300 1

Process of Registration

Document Required

1. Details of applicant – Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide with registration certificate.
2. Power of Attorney – It allows the attorney to file the trademark opposition on your behalf
3. Affidavit  – Affidavit with the basic information about the trademark and its user date and proof of use
4. Details about the opposed mark – Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition
paperwork

Frequently Asked Questions

In India, anyone can file for the Trademark Opposition. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.
The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.

Get the Best Service

We provide you best service at reasonable fee, contact Us.

Contact form cta

Some of Our Clients

OMS
SMFP
Mantri Mobiles
Arogya Ahaara
Pillars 360

Our Clients Speak

We have been working with clients around the world
Team IN Filings
5.0
Based on 123 reviews
powered by Google
GYANA PANDAGYANA PANDA
09:23 30 May 23
As a loyal customer of Team IN Filings in Bangalore, I am thrilled to express my utmost satisfaction with the exceptional service they provide. Their expertise in GST filing services and other areas, combined with their commitment to customer satisfaction, has truly impressed me.When it comes to GST filing, Team IN Filings leaves no stone unturned. They have a highly knowledgeable team that meticulously reviews my financial records, ensuring accuracy and compliance with all regulatory requirements. Their attention to detail is commendable, and they always complete the filing process in a timely manner.Moreover, their additional service offerings, such as PT (Professional Tax) assistance, have been instrumental in simplifying my tax obligations. Team IN Filings exhibits a deep understanding of the tax landscape, providing valuable insights and guidance throughout the process. Their expertise has been invaluable in helping me navigate complex tax regulations.What sets Team IN Filings apart is their exceptional customer service. From the moment I engaged with them, their team has been attentive, responsive, and friendly. They patiently address all my queries, provide clear explanations, and ensure that I am fully informed about every step of the process. Their dedication to customer satisfaction is truly remarkable.I also appreciate the transparency and affordability of their services. Team IN Filings offers competitive prices without compromising on the quality of their work. Their pricing structure is fair and transparent, giving me confidence that I am getting excellent value for my money.In conclusion, I wholeheartedly recommend Team IN Filings for all your GST filing and other taxation needs. Their expertise, professionalism, and exceptional customer service have exceeded my expectations. I am incredibly grateful for their assistance and look forward to continuing my partnership with them in the future.Five-star rating: ⭐⭐⭐⭐⭐
Lakshmi harish HarishLakshmi harish Harish
07:31 24 May 23
As a Client I m happy to work but unfortunately I became a Student of Mr.Prakash sir bcoz from 6 months almost I lost my interest on my Brand name but ,now I positively changed my mind nd Brandname to grow good Business its all credits goes to Praksh sir Bcoz,that much he had explained me like a Teacher about company nd brand building so really I m very happy to work forward with them so thank u soooo much sir..........
Yusuf DYusuf D
05:33 24 Apr 23
Highly professional team of CA, CS and trademark experts. Exceptional tax advisory services offered in Bangalore and they will help in company registration, GST filing, Income tax filing and management consultancy services.
jeevan rajjeevan raj
05:24 24 Apr 23
Highly professional team of of Ca,Cs and trademark experts with highly knowledgeable experts. They help is gst filing, company registration and consultancy services etc . The Team In filings team are highly qualified and will help you company registration, accountants, gst filing, IT filings and management consultancy services .
Syed Bilal IrfanSyed Bilal Irfan
04:55 22 Apr 23
Mr. Prakash and Mr. Damodara and entire Team IN Filings are very knowledgeable, cooperative and very prompt to requests and queries regarding GST filings, ITR filings and most importantly Mr. Prakash is highly professional when it comes to Company Incorporation and other compliances of Private Limited Company.It is highly recommended for any private limited company to go ahead with Team IN Filings. Kudos to the entire Team IN Filings.
js_loader
Meet Our Team

The Faces Behind Our Success

We’re smart, we’re hardworking, We’re easy to talk & We love a challenge.
Employee profiles. By including employee profiles with relevant information on each team member, visitors will have a better idea about who they should address their problem, question, or concern with. …

Ready To Reach New Heights?
Let's Get There, Together.

Team IN Filings office Bangalore, make sure to support to your business in each stage to achieve your business
Scroll to Top