Trademark Opposition

Once the registry accepts a trademark application, it undergoes a crucial step – publication in the government journal for four months. During this phase, any general public member can raise Opposition against the trademark. This stage holds significant importance in determining whether the trademark can proceed toward registration or if valid objections need to be addressed. FilingsZone stands ready to offer expert assistance and guidance to navigate the?trademark opposition process, ensuring a seamless and effective resolution.

Trademark Opposition

Under the Trademarks Act of 1999, trademarks can be registered in India. To do this, trademark owners must submit their application to the Registrar of Trademarks. Once the Registrar reviews the application, they will publicize the trademark in the official trademark journal. Any individual can challenge the registration of a trademark once it's listed in the Trademark Journal. Such challenges or oppositions should be directed to the Trademark Registry, where the original application was made. Should any opposition arise, the trademark registry will hold a hearing to resolve the issue.

The procedures and guidelines for trademark opposition are outlined in the Trademarks Act, 1999 and the Trade Marks Rules, 2017.*

Initiation of Trademark Opposition -Eligibility

* According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest.
* A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.
* After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered.
* Anyone who believes that the published mark might create confusion among the public can file for the Opposition while defending the trademark lies in the trademark registrant's hands.

Grounds For Trademark Opposition

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

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