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TRADEMARK OPPOSITION RULES Share

Trademark Opposition Process | Trademark Opposition

Rules CONNECT WIT H US

Mani Dahiya | Fintech Compliance Professional | Updated Apr 05, 2020

   
Trademark registration involves the registration of company’s logo, brand name, etc. to
secure legal protection against its use by the others. In aeon of the competitive market, it is
really di cult for entrepreneurs or business operators to establish their business and
MOST POPULAR SERVICES
create a brand of their own.

This is really di cult with the same/ similar product category and class, in order to  NOP Certification
distinguish them from their competitors; one has to choose way that their name would be  One Person Company
enough to identify their product. They even need to protect their product from the miss-
 E Waste Recycling Plant Setup
branding and also want to build a place in mark then, it is crucial for you to register your
 WPC -ET A LICENSE
bran/ logo under the government of India as “TRADEMARK.”
 Public Limited Company
 
 Proprietorship Firm
What is Trademark Registration?  One Person Company

A Trademark can be a brand name or logo, taglines, captions, business name etc. In order Compliance

to take the ownership on the brand name or logo, taglines etc, we need to apply for the  T reatment, Storage, Disposal
Trademark Registration. Facility (T SDF’S)

Trademark can be a symbol or word, used by the business operator in order to promote  Bar License

their goods or services. In case of similar business objective, it can also be used to  ISI Registration Process
discriminate one service from another.

Trademark Registration provides a right or ownership to the business operators, to protect

RELAT ED SERVICES
their brand name from the use or misuse by any other.

 
 Proprietorship Firm
Advantages of Trademark Registration
 One Person Company
 It provides legal right and protection to the owner against infringement  Partnership Firm
 Creates brand value and a place in market  LLP Registration
 Provides a recognition of the quality and purity of the product or services  Private Limited Company
 Helps in establishing goodwill and trust of the products for customers
 Can apply for Global Trademark Registration In future
  It`s Time to Change
It is not necessary that the applied trademark application will surely get approved.
Your
COMPLIANCE OFFICER
Thereare numerous reason due to which a trademark application can get reject.

According to the Trademark Act, the authorities can refuse to register a trademark under
two cases –

 Trademark objection
 Trademark opposition.
 

Trademark Objection v/s Trademark Opposition

 Get 1 months free compliance
According to Trademark Act –
support
 Trademark examiner canraise a trademark objection under Section 11 or Sections 9(1) of the  24/7 Expert Advice anytime
Trademarks Act. anywhere
 The trademark opposition can be raised by any person when the trademark will be published in  200+ Top CA/CS/Legal Team
trademark journal under the Trademark Act of India.

Similar to the process of replying towards the Trademark Objection there is a procedure for
L EAR N M O R E
replying to Trademark Opposition as well.

Trademark Opposition LEGAL GUIDE

When the application for registering the trademark is applied, it is reviewed by Trademark
Controller. Once the review and documents scrutiny is done, and no similar or identical
trademark is found, the examiner approves it and is published it in the Trademark Journal.

Objective to publish it in Trademark Journal –

The main objective for publishing the applied trademark in the Journal is - to let everyone Download legal guide on how to
review the trademark and le for a Trademark Opposition against it if required. successfully start and manage
business in India & achieve 100%
A trademark opposition is raised by a third-party if they nd any similarity or any other
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compliance. 
issue with the applied application. The status of the application gets changed to “opposed”
 if anybody les an opposition against your trademark,
Enter Email Id...
 

Who can le TM Opposition? Enter Mobile Number

As per Section 21 of the Trademarks Act, 1999 –

D O WN L O AD
 Any individual who have similar or identical trademark for the similar goods or service.

The individual may have TM certi cate or may have applied for TM.
 Any entity (private limited company. LLP. Trust etc) can le the notice of trademark

opposition. USER
 If a person is using the similar or same trademark before the client. And have not RAT ING
obtained the trademark registration certi cate or haven’t applied for the same.
 

Time limit for ling an Opposition 
The opponent can le the notice for TM opposition within four months from the date of the 4.59 average
trademark published in the TM Journal.
based on
  281 reviews.

Grounds on which a Trademark Opposition can be raised  5

195
There are several grounds on which a person can raise a TM opposition. Some of them are star

as follows:  4
67
 Resemblance with existing TM star

 Violation of the Name and Emblem Act, 1950.  3

14
 The trademark is descriptive in nature. star

 Contradiction with the law.  2

1
 If the sentiments of a particular religion, community, society or any speci c class of star
people are gashed.
 1
 Seems to cause confusion or mislead the public. 3
star
 

Where to le the Notice

It can be lled at the registry of Trademark, at the same place where the other has applied
to the con icting mark.
 

Procedure For Trademark Opposition

 

Filing a notice of opposition

 Any person or entity willing to raise an opposition needs to le within four months from

the date of publishing.

 

Filing a counter statement

 The entity can le the counter-statement within two months of the receiving of the

notice of opposition.
 If the applicant fails to submit the counter statement, then the TM authority can

abandoned the TM application

 

Evidence regarding the TM opposition

 If the applicant has submitted the Counter-Statement within the required time,then the

opponent have to present the evidence via an A davit.

 

Evidence in favour of Application

 On the submission of the evidence in support of TM opposition by the opponent, the

applicant will be provided with three months for presenting the evidence in favour of

the application, if any.

 

Hearing

 Based on all the above facts, the Registrar at trademark registry shall call for a hearing.

 The Registrar of Trademark will hear the matter and take the decision upon merits.
 

Rejection or Registration

 If the evidence hold valid for the applicant, then trademark will be registered and the

applicant will receive the trademark registration certi cate.

 However, if the decision is in favour of the opposition, then the trademark application

will be rejected
 

Conclusion  
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 Trademark Opposition is just an opposition raised by the third party which ultimately
results in prohibiting the trademark registration of the applied trademark application.

If the opposition is raised, it doesn’t mean that one will not get the certi cate. Although the
process is quite tedious, you can take the help of professionals to make the process of TM
opposition easy. With proper revert to the Trademark Controller, one can easily get the
registration certi cate.

Corpseed Three Easy Steps to Register Your Trademark

Connect with team Corpseed @  +91 7558 640 644

We will discuss your requirement & le opposition documents with authoritise

Trademark issued to you

Mani Dahiya
Fintech Compliance Professional | Company Act, RBI Act ,
Legal

An enthusiast, adaptable, ambitious, compassionate,

courageous, amiable, intuitive and extremely focused
person. She is a BA.LLB (H) graduate from Amity Law
School, Delhi. She is very active and rarely bored. She is an
all-time foodie. She loves h...

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