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What is Trademark Opposition?

After the analyst audits your trademark and finds that it fits the bill for enrollment, the trademark’s dissemination in the Trademarks Journal takes place. Behind distributing a trademark in the journal is to empower any outsider to see the mark and document a resistance against it. A trademark opposition is documented against the enlistment of your trademark.

 

Legally, Section 21 of the Trademarks Act, 1999 states that ‘any individual can record the notification of the opposition. This incorporates people, organisations, association firms, and trusts. Truth be told, on the off chance that at least two people have similar issues against a trademark, they can be combined as rivals.

 

Conventionally, the accompanying people file a trademark opposition:

 

  • The proprietor of a prior trademark application or enlistment covering a comparative Trademark for comparative products.
  • An individual who has used something very similar or a comparable symbol, however, has not sought registration. (Earlier User)

Trademark Opposition Process

Evidence in Support of Opposition
Evidence in Support of Opposition

Under Rule 45 of the Trademark Rules, 2017, the rival needs to accommodate confirmations on the side of the Opposition as an affidavit. It is recommended that the opposition documents its confirmations within two months of receiving the counterclaim.

Evidence in Support of Application
Evidence in Support of Application

The applicant for Trademark Registration must offer proof to support the Trademark Registration application. Evidence supporting the application is filed under Rule 46 of the Trademark Rules, 2017. Applicants are expected to submit supporting documentation for the application within 2 months of filing of receipt of the evidence. 

Evidence in Reply
Evidence in Reply

As per Rule 47 of the Trademark Rules, 2017, the opponent allows the opportunity to offer further evidence to support his opposition. According to Rule 46 of the Trademark Rules, 2017, it must present such proof within one month of receipt. This option of reply should meet some conclusiveness in the proceedings of opposition, and counter the produced evidence by the applicant, and rest the case.

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Trademark Opposition

Frequently Asked Questions (FAQ)

“Anyone” can object to the mark. This person does not have to be the trademark owner. He may be a purchaser, customer, or the public allowed to use the goods. The reason for this is that two similar trademarks on the market confuse him, while the other party not only represents himself but also the public.

Situations, where it is crucial to oppose trademark publications, include:

  • This trademark is like an existing registered trademark.
  • This trademark has no unique characteristics.
  • This trademark is quite lengthy.
  • It did not file the trademark application in good standing.
  • This trademark is expected to mislead and confuse the public.
  • This trademark violates applicable law.
  • The trademark was prohibited under the Emblem and Names Act of 1950.
  • This trademark may offend the religious sensibilities of certain groups of people.

Once a trademark is published in the Journal of Trademarks, you have 120 days from the date it published the trademark in the Journal of Trademarks to file an opposition to the published trademark.

The official signatory with Trademark Opposition is the trademark opponent himself or an authorised person who knows all the facts related to the Trademark Opposition case. Such a person must sign the Trademark Opposition and identify the relevant paragraphs of opposition, with the date and place of signing of the Trademark Opposition.

The trademark objection is raised by an examiner raising queries over the standards to be followed at the time of registration, whereas the opposition is raised by third parties on the credibility of the trademark.