Raising Trademark Opposition

As per Section 21 in The Trade Marks Act, 1999, “Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on an application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar, of opposition to the registration.”

In simple terms, anyone may file opposition for the trademark if they find that trademark in anyhow manner similar to their trademark or believes that the trademark should not be registered on any other valid legal ground. If more than one person has the same issue against the particular trademark, they can collectively take part against that particular trademark registration. For example, if someone applies for trademarking the word “DELHI”, a collective opposition could be raised against the trademark registration from various individuals, groups, societies, etc.

Anyone can file opposition against a trademark, but they should know the grounds on which trademark opposition can be raised. There are several grounds on which trademark Opposition can be filed:

• If the trademark is similar or identical to an earlier or existing registered trademark
• If the mark is devoid of distinctive character
• If the mark is descriptive in nature
• If the application for the trademark is made with bad faith
• If the mark is customary in the current language or the established practices of business
• If the trademark is likely to deceive the public or cause confusion
• If the mark is contrary to the law or is prevented by law
• If the trademark is prohibited under the Emblem and Names Act, 1950
• If the mark contains matters that are likely to hurt religious feelings of any class or section of people

Anyone can file opposition against a trademark, but they should know the grounds on which trademark opposition can be raised. There are several grounds on which trademark Opposition can be filed:

• Details of applicant
  • Name
  • Nationality
• Power of attorney (It allows the attorney to take any action on behalf of an applicant.)
• Affidavit (Affidavit contains the basic information about the trademark and its user.)
• Details of the opposed mark (Details should be provided against which the opposition is to be filed. It must explain the name and basic grounds for filing an opposition.)

Verification of drafting of trademark opposition has to be made by the applicant.

Raising an opposition against a trademark requires a notice of trademark opposition filed by any individual/company within 4 months of the date of advertisement or re-advertisement of the trademark in the Trademark Journal. A Form TM-O is required to be filled in a prescribed manner along with the application charges of Rs. 2,700/-. The trademark opposition notice must contain the following details: