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Intellectual Property

Trademark Opposition

Trademark Search online

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

Grounds for Applying for 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.

Trademark Opposition Process

1. Follow Quick Process

Spare less than 10 minutes to fill our online Questionnaire
Upload all the required documents
Make payment through secured payment gateways

2. Experts are Here to Help

Dedicated Relationship Manager
Consultation regarding the Trademark opposition application
Provide the required documents
Provide Application No. & TM Registration Certificate(if any)
Preparation & filing of the application

3. Your Trademark Opposition Application is ready

All it takes is 15-20 working days*

THE PROCESS

Trademark Opposition Process

Day 1 – 2 Collection

Discussion and collection of basic Information
Provide required documents

Day 3 – 7 Execution

Drafting of Opposition application by Professionals

Day 8 – 9 Submission

Filing of online TM-O application

Document Required

Details of applicant – Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide with registration certificate.
Power of Attorney – It allows the attorney to file the trademark opposition on your behalf
Affidavit – Affidavit with the basic information about the trademark and its user date and proof of use
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

Frequently Asked Questions

Who can file the Notice of Opposition?

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.

What is the next stage once I file the Notice of Opposition?

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.