Trademark Opposition - Process, Fees & Required Documents

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.

Trademark opposition plays a crucial role in protecting your brand, preventing legal conflicts, and strengthening intellectual property rights. Here’s why it’s crucial for keeping your brand safe and strong.

• Increased Brand Visibility: When your trademark is published in the Trademark Journal, it effectively acts as an advertisement to your target audience. This helps increase awareness of your brand and the goods or services you offer, reaching more potential customers.
• Opportunity to Protect Your Brand: Trademark publication gives registered trademark owners a fair opportunity to oppose similar or identical trademarks that could cause confusion in the marketplace. This opposition process helps prevent potential legal issues down the road, ensuring that your brand remains distinct.
• Clearer Market for Consumers: By publishing trademarks in the Journal, the public is provided with clarity. Consumers will be less likely to confuse your brand with others, which helps maintain the integrity of your business and builds consumer trust.

The purpose of trademark opposition is provided below:

• Prevents registration of new trademarks that attempt to take advantage of an already recognised trademark.
• Helps in correcting the trademark registry and registers unique trademarks.
• Trademark opposition eliminates the chance of fraud and confusion.
• Allows a third party to challenge their lawful interest before final registration to enhance accuracy.
• Any disputes that may arise are solved administratively and not through legal cases.
• Helps marketplaces maintain fairness by preventing the registration of deceitful trademarks.

To oppose a trademark, you must file a notice within four months of its advertisement in the Trademark Journal. Any individual or business can do this by submitting Form TM-O with a fee of ₹2,700. Here are the key details required for a trademark opposition.

• Grounds of Trademark Opposition: List the reasons for opposing the trademark, such as similarity to an existing brand, lack of distinctiveness, or the risk of consumer confusion.
• Details of the trademark for which you are raising opposition: Details must include the trademark registration application number, class of goods or services for which the trademark registration application was published, along with the name of the applicant of the trademark application.
• Details of the individual/company's name and address: It is important to know that this will only prevent the applicant of the trademark from registering the trademark. However, to prevent the applicant from using the trademark, a case of trademark infringement must be filed in an appropriate court of law.

Anyone can file opposition against a trademark, provided they are aware of the grounds on which trademark opposition can be raised. Trademark opposition can be filed on various grounds, and the following documents are required to initiate the process:

1. Applicant Details : The full name and nationality of the individual or entity opposing the trademark.
2. Power of Attorney : A power of attorney must be submitted, allowing an attorney to act on behalf of the applicant and take necessary actions in the opposition process.
3. Affidavit : An affidavit is required, containing key information about the trademark and its user. It serves as a declaration supporting the opposition.
4. Details of the Opposed Mark : Clear details of the trademark against which the opposition is being filed. This should include the name of the trademark and the grounds on which the opposition is raised.
5. Verification of Trademark Opposition : The applicant must verify the drafted opposition, confirming its accuracy and completeness before submission.

Opposing a trademark in India requires filing specific forms and paying the necessary fees. Here’s a quick overview of the costs involved.

Note: Trademark opposition fees are fixed, but legal consultation and documentation costs range from ₹10,000 to ₹30,000, depending on case complexity. Hiring an expert ensures a strong defense and increases approval chances.

The Indian trademark law does not provide any specific grounds of trademark opposition. Anyone can file opposition against a trademark, there are various reasons a trademark opposition in India in may be opposed mentioned below:

• 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

During the initial 4 months following trademark publication in the trademark journal, any person can submit an opposition notice to the Registrar. The registration opposition process begins by submitting Form TM-O together with payment of the necessary fee.

A notice of opposition requires attendees to provide key information including trademark application number, details of the opposing party and explicit reasons behind their opposition to the trademark. The main factors that lead to opposition against a trademark registration are its resemblance to other marks in use and its insufficient distinctiveness together with its potential to create public confusion.

After the notice gets filed at the Registrar, they will deliver a landscape notification to the trademark applicant about the opposition proceedings. Trademark applicants obtain the chance to produce a defense response after receiving notice

Trademark opposition is a crucial process to protect brand identity and prevent conflicts. Understanding the grounds, documentation, and legal steps ensures a strong case. Given the complexities involved, seeking expert guidance can help navigate the process smoothly and increase the chances of a successful outcome.