Trademark Registration Opposition

24 May, 2019

Trademark Opposition Registration

What is Trademark Opposition?

After your trademark application has been pre-scrutinised by the examiner and he is of the view that there is no error in the application he shall publish the same trademark in the Trademark Journal.

The main aim of publishing such trademark in the journal is to invite any third party who opposes such trademark.

Time Limit for filing an Objection

Any third party who wants to file an objection regarding the proposed trademark should file the same within the period of 3 months from the date of publication of the trademark in the trademark journal. This period of 3 months will be extended by 1 month in some cases.

Who can file Trademark Opposition?

As per the Trade Mark Act any individual, Company, Partnership Firm or Trust can file an objection for a proposed trademark.

So following person can file objection:

The original owner of the Trademark.
A prior user of the trademark but has not registered that mark in his own name.

Grounds for filing Objection:

Proposed Trademark objection is similar to the already registered trademark.
The proposed mark is descriptive in nature.
The proposed mark is likely to deceive the existing public.
The proposed mark is hurting the sentiments of the section of a particular community.
The mark is contrary to the law.
If the proposed mark is prohibited under the Names and Emblem Act, 1950.
The trademark application is made in bad faith.

Procedure for Trademark Opposition in India:

Notice of Opposition: Any third party can file an application for objection within a period of 3 months and if extended within a period of 4 months from the date of publication of trademark in the journal.
Counter Statement: After receiving the notice of opposition the applicant can file a counter statement within a period of 2 months from the date of receipt of the objection. The applicant is required to file evidence in the form of an affidavit.
Evidence in support of Application: Even the applicant of the registered trademark is given a period of 2 months for filing the evidence in support of the application. This period of 2 months can be extended by a period of 1 month.
Evidence in Reply: After the filling of the evidence by the Applicant again the opponent gets a period of 1 month for filing his evidence in reply to the applicant evidence. This period of 1 month is extended by 1 more month.
Hearing: After the Registrar receives the application of objection, Counter-Statement, and evidence from both the parties he shall call both the parties for hearing. Within a period of 14 days from the date of receipt of notice of hearing both the parties are required to intimate the registrar regarding their intention to appear in the hearing.
Registration or Rejection: After the Registrar will hear both the parties he shall decide upon merits whether to reject or register the Trademark. And registration certificate shall be granted after trademark registration.