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File Trademark Opposition to Secure Brands’ Exclusivity
Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.
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Trademark Opposition Process
Day 1 - 2
- Discussion and collection of basic Information
- Provide required documents
Day 3 - 7
- Drafting of Opposition application by Professionals
Day 8 - 9
- Filing of online TM-O application
Documents required to file a Trademark Opposition
01
Details of applicant
Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide with registration certificate
02
Power of Attorney
It allows the attorney to file the trademark opposition on your behalf
03
Affidavit
Affidavit with the basic information about the trademark and its user date and proof of use
04
Details About the Opposed Mark
Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition
Documents required to file a Trademark Opposition
If the trademark is similar or identical to an earlier or existing registered trademark
If the mark is devoid of any distinctive character or is descriptive
The trademark is likely to deceive the public or cause confusion
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
If the mark is customary in the current language, or it is in the established practices of business
The mark contains matters that are likely to hurt religious sentiments of any class or section of people
Benefits of filing Trademark Opposition
Highly Effective Remedy for TM Owner
Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the mar
Public Consultation
As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.