What is a Trademark Opposition??
After the trademark examination of your trademark and finds that it qualifies for registration, your trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your trademark.
What is the time limit for filing an Opposition?
The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark..
Who can file a Trademark Opposition?
Statutorily, Section 21 of the Trademarks Act, 1999 states that 'any person' can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.
What are the grounds for filing a Trademark Opposition in India?
The various grounds on the basis of which a person may initiate Opposition Proceedings are:
The trademark is similar or identical to an earlier or existing registered trademark.
The mark is devoid of distinctive character.
The mark is descriptive in nature.
Application for the trademark is made with bad faith.
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 under the Emblem and Names Act, 1950.
The mark contains matters that are likely to hurt religious feelings of any class or section of people..