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5 Simple Steps

For Trademark Opposition Registration

Documents For Trademark Opposition

Registration

Notice of the oppositionDetails of Trademark OppositionRegistration and rectification are done
Opposing Party’s Address and Name with Relevant Documents including Aadhaar Card/Driving LicenseGrounds for the Trademark Opposition

Stages of Trademark Opposition in India

Notice of Opposition

Any individual can file the notice for trademark opposition in the official trademark journal. This registration should be completed within a term of 4 months starting the date of original advertisement.

Counter Statement

Within two months of the notice being received, the applicant of trademark can file his/her counter statement.

Evidence Supporting Opposition

After receiving the counter statement, the opposing party needs to provide all the evidence supporting this opposition against the trademark.

Evidence Supporting Application

Upon receiving the opposition’s evidence, the trademark applicant needs to provide counter evidence within 2 months of receiving the opposition evidence.

Evidence Reply

Following this, the opposing party is allowed a duration of 1 month to file a response to applicant’s evidence.

Hearing

After all the evidence has been filed, the registrar office calls both party for a hearing. The registrar decides whether the applicant gets his trademark registration approved or rejected.


About Trademark Opposition


One can raise a trademark opposition standing various grounds in India. Any trademark that is identical or similar to an existing and registered trademark can be grounds for registration of trademark opposition. If any person or brand raises a trademark opposition registered under the Trademark Act of India, the person against which the opposition has been filed has to present a case to prove that the opposition is invalid. Apart from identical trademarks, opposition can also come from issues such as trademark which is prevented by the law, hurts the religious sentiments, designed to deceive public, etc.

  • Basic Package
  • 5299 __
  • Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by Vyapar Filings. Inclusive of government fee and GST.
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  • Standard Package
  • 7499 __
  • Drafting and filing of opposition notice. Inclusive of government fee and GST.
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  • Premium Package
  • 12699 __
  • Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and GST .
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Frequently Asked Questions
What are the general grounds for trademarks opposition in India?
  • The trademark is alike or identical to an earlier or existing registered trademark.
    • The mark is devoid of distinctive character.
    • The mark is descriptive or expressive in nature.
    • Application for the trademark is made with bad faith or with fraudulent purpose.
    • The mark is customary in the current language or in the established practices of business.
    • The trademark is likely to deceive the public or cause confusion.
    • The mark is contrary to the law or is prevented by law.
    • The trademark is prohibited pursuant to the Emblem and Names Act, 1950.
    • The mark contains matters that are likely to hurt religious feelings of any class or section of people
Who can oppose a Trademark application?

Any person can file a notice of trademark opposition against a trademark who thinks that the applicant has deceptively used the similar trademark.

Where Notice of Opposition is filed in India?

The notice of opposition is generally filed at the trademark registry where the application for the conflicting mark has been filed. 
For example, if the application is filed at the Delhi office of the Trade Mark Registry, then the opposition proceedings must start in Delhi only.

How to check that a mark is previously registered in India or not?

A Public search of trademark is available at IP India website to check for the registered trademarks. 

What is the validity for filing a notice of opposition against any trademark?

Filing a notice of opposition against any trademark can be done within a period of 4 months after the publication/advertisement of the mark in the Trademark’s Journal.

 

Which form is used for filling the notice of trademark opposition?

Form TM-O is used for filing notice of opposition of Trademark. The form can be downloaded from the following link:  http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-O.pdf

What if a person fails to file opposition within the valid period?

If a person fails to file an opposition within the valid period and the trademark gets registered because of such failure, the owner of the trademark can file a suit for infringement in that case.

Can a registered user hold back third party from using identical or similar mark if third party is continuous and prior user of the mark?

If the third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered. A registered user can’t restrain third party from using identical or similar mark.

How does Trademark Opposition work or what is the trademark opposition procedure?

The trademark opposition procedure in India is as follows. A notice along with the evidence can be filled within four months from the date on which the trademark was published in the journal. After the trademark opposition is filed, a counter statement or response to the trademark opposition will be filled by other party. Then it will be followed by evidence presenting from both the parties. Following which hearing will take place within 14 days at the registrar’s office. After which registration or rejection will be decided.

How to fight trademark opposition?

The trademark opposition system in India pursuant to section 9 and 11 of Trademark Act 1999, an opposition can be filed. Within 4 months of the publication of the trademark application in the trademarks journal any person can file an opposition through the Notice of Opposition in form TM-O along with the stated fee.

How to respond to trademark opposition?

The counter statement to trademark opposition in India consists of the following:

  1. A) First Stage – Filing of a counter statement by the respective party, by way of affidavit.
  2. B) Second Stage – A date of hearing will be declared by a notice which will be given to both the parties.

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