Raising Trademark Opposition

Updated on April 22, 2024 04:40:15 PM

Raising Opposition for Trademark means you want to file an opposition against the trademark published in the journal. Any person could raise a Trademark Opposition after publishing in the Trademark Journal for various reasons. The reason possibly could be regarding proprietorship of the Trademark, pre-existence of the Trademark, being descriptive in nature, or could be anything specified under the Trade Marks Act of 1999.

The proper knowledge of the grounds and eligibility for raising a Trademark Opposition in India is must when you plan to raise an opposition. We can help you in explaining all about raising a Trademark Opposition. Let’s start with the benefits first.

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Benefits of Trademark Opposition

Some of you might think, how getting opposed or opposing something is beneficial for you. How could this process of publication in Trademark Journal for registration benefit us? Let us answer your queries about this.

  • Publication in Journal increases the popularity of a trademark in the target audience. We can say that publication in a Journal is an advertisement to the consumers or general public about the brand and the goods & services it provides.
  • This gives the registered trademark owners a fair chance to oppose the similar or identical trademarks, which could create problems in the near future.
  • This also creates a sense of clarity among the general public who might be confused due to similar trademarks.
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Who can Raise 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.

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Grounds of Trademark Opposition

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

It is advisable to seek help of legal experts for drafting and filing Counter-statement for Trademark Opposition. Our legal experts at Professional Utilities can help you with reply to Trademark Opposition.

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Documents Required for Raising Trademark Opposition

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.

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Procedure of Raising Trademark Opposition

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:

  • Grounds of Trademark Opposition
    The grounds on which you are raising opposition to the trademark
  • Details of the trademark for which you are raising opposition
    Details must include trademark registration application number, class of goods or services for which 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, in order to prevent the applicant from using the trademark, a case of infringement is to be filed in an appropriate court of law.

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Frequently Asked Questions (FAQs)

When you can raise a trademark opposition?

Within the time period of 4 months from the date of publication of the trademark in Trademark journal, you can file an opposition.

How do I file a notice of trademark opposition?

An affidavit along with some of your personal details is required to file a notice of trademark opposition.Trademark Form TM-O is required to be filed for Trademark opposition.

How long is the opposition period for the trademark?

Opposition period for the trademark is 4 months from the date of advertisement in the Trademark Journal.

How much does it cost to file a trademark opposition?

The statutory fees for filing opposition and counter statements is Rs. 3000 for physical filing and Rs. 2700 for online filing. Moreover, it is pertinent to mention that the aforementioned fees shall have to be paid for every single opposition and also for filing counter statements to every single opposition.

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