Trademark Opposition
Safeguard your brand’s protection with expert trademark opposition services, ensuring a seamless and effective solution today.
* Excluding Govt. Fees
Meaning
In India, the term “trademark opposition” refers to the legal process through which third parties have the ability to contest the registration of a trademark. It gives interested parties the chance to object to the registration of a trademark if they consider that it may clash with their existing rights or violate specific terms of the Trademarks Act, 1999. A trademark is published in the trademark journal, once its application is accepted by the registry. This period give an opportunity to the general public to provoke an opposition against it. The opposition procedure ensures that only valid and unique trademarks receive legal protection, safeguarding intellectual property and brand integrity.
Important Aspects
- Reasons: An objection can be lodged against a trademark on a variety of reasons, including the following:
- There is a possibility of misunderstanding with an existing brand name or logo.
- Neither the uniqueness nor the descriptive quality of the mark is present.
- Prior to the competition, the opponent had existing rights.
- If the mark is deceptive or scandalous in character.
- Utilisation of geographical markers or symbols in an inappropriate manner.
- Deadline: The deadline for filing an objection to a trademark in India is within four months of the date on which the application for the trademark was published in the Trademarks Journal. This essential opportunity enables stakeholders to express their concerns, promoting effective trademark enforcement and intellectual asset security.
- Notice of Opposition: The party that wishes to oppose the registration of the trademark is required to provide the Trademarks Registry with a Notice of Opposition, stating the grounds for their opposition and, if applicable, the documentation that supports those grounds. The specified fee needs to be included in the notification to be sent. Notification of Opposition is to be sent in Form TM-O.
- Counter-Statement: Once the applicant of trademark has received the opposition, they will have the chance to file a counter-statement. In this statement, they rebut the claims made in Notice of Opposition. This helps them to provide evidence to support the registration of their trademark.
- Arguments and Evidence: During the opposition processes, both the opposing party and the applicant have the chance to defend their respective views by submitting evidence, affidavits and legal arguments on their behalf.
- Examining the Opposition and Counterstatement: The Trademarks Registry investigates the opposition and counter-statement, evaluates the facts and arguments submitted, and may schedule a hearing if it finds necessary. During the hearing, both Parties will have the opportunity to argue their side of the dispute and respond to any questions or concerns the Registrar may have.
- Decision of the Registrar: The Registrar of Trademarks will make a decision about the opposition after considering the examination, evidence, arguments, and hearing. The judgement can go either way. It is possible that it would go in favour of the opponent, which would result in the application for the trademark being refused whole or in part, or it might go in favour of the applicant, which would allow the trademark to move through with the registration process.
- Appeals: In the event that one of the parties is unhappy with the judgement made by the Registrar, they have the opportunity to appeal the decision to the Intellectual Property Appellate Board (IPAB) within the allotted amount of time. The IPAB is going to look into the situation and come to a conclusion on it.
Why Legal Delight?
Opposition to a trademark in India is a necessary phase in the process of registering a trademark because it enables interested parties to safeguard their rights and thwarts the registration of trademarks that are incompatible with their interests . It is highly recommended to obtain the advice of an experienced trademark attorney or agent in order to successfully navigate the opposition processes and offer a compelling argument based on the particular grounds of opposition.
What is included in this
FAQs
An opposition to the registration of a particular trademark can be lodged by anyone who is of the opinion that the registration of the trademark could compromise their personal rights or commercial rights. This covers the current owners of the trademark, competitors, customers or any other interested parties.
In India, objection to a trademark can be lodged on the basis of the following grounds:
- Possibility of misunderstanding with an already established brand name or logo.
- Neither uniqueness nor narrative of the mark is present.
- Rights held by the opponent previously in existence.
- Characteristics of the mark that are deceptive or scandalous.
- Improper use of geographical markers or symbols.
Opposing a trademark means filing a Notice of Opposition with four months from the day it was published in Trade Mark Journal. It is imperative to note that the opposition must be raised within the time period, since it is possible that late submissions may not be approved.
It is necessary to submit a Notice of Opposition with the Trademarks Registry in order to initiate a trademark opposition. The notice must include the statutory fee and articulately outline the opposition’s justifications for opposing to the trademark. It needs to be filed in form TM-O.
No, the time limit for submitting an objection to a trademark application is a rigorous four months from the day the application was published. Late submissions are rejected and ignored. Therefore, it is advisable to submit within the stipulated amount of time.
When a trademark opposition is submitted, a copy of the notice is sent to the applicant for the trademark by the Trademarks Registry. The applicant for the trademark then has the opportunity to file a Counter-Statement in response to the opposition. The hearings regarding the opposition will continue, and both sides will have the opportunity to submit the facts and arguments they have gathered.
Yes, it is possible to reach a consensus and settle a dispute over a trademark through the use of negotiation or mediation. If both parties are able to come to a conclusion that is mutually agreeable, then they will be able to submit a joint request to the Trademarks Registry in order to have the opposition withdrawn.
In case a TAN has already been allotted, no separate application needs to be made for obtaining TAN. The same number can be quoted in all returns, challans and certificates for TCS.
If the applicant fails to respond within two months, their application is deemed abandoned.
After evidence submission and a hearing, the Registrar makes a decision to either register the trademark or dismiss the application based on the arguments and evidence presented.
