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Trademark Opposition

Introduction

After the examiner reviews your trademark and finds that it qualifies for registration, your trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your Trademark.

When an opponent files an opposition, your trademark status will reflect as 'Opposed'.

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.​

Time limit for filing an Opposition: 

The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark.

Person filing Objection: 

Statutorily, Section 21 of the Trademarks Act, 1999 states that 'any person' can file the notice of opposition. The owner of an earlier trademark application or registration covering a similar Trademark for similar goods.

A person who has used the same or a similar trademark prior to the client, but who has not sought registration of the trademark. (Prior User) In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.

Registration or rejection: If the registrar decides in favour of the applicant, the trademark will be registered and registration certificate will be issued. If the registrar decides in favour of the opponent, then the trademark application shall be rejected.

Thus the trademark opposition is an effective remedy available to the registered proprietor/ prior user of a trademark. All that the registered proprietor/ prior user is required to do is to be vigilant on trademark watch and initiate an appropriate proceeding at the right time.

Document Required

In the registration process of the company, the following documents:

  • 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)

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