Trademark Opposition
Trademark opposition is a legal process where a third party challenges the registration of a trademark after it has been published. The opposition is filed with the relevant trademark authority, typically on grounds such as likelihood of confusion, prior rights, or bad faith. It aims to prevent potentially conflicting trademarks from being registered.
Trademark Opposition in India – Simplified Guide by Easy My Tax
Once a trademark application is accepted by the Trademark Registry, it is published in the official Trademark Journal for a period of four months. During this time, any person can file a trademark opposition if they believe the mark is conflicting, misleading, or infringing on their rights.
Easy My Tax helps individuals and businesses handle trademark opposition with expert support, ensuring your brand is protected effectively.
Legal Basis
Trademark opposition in India is governed by the Trademarks Act, 1999 and Trade Marks Rules, 2017. Any person can file an opposition within four months of the trademark being published.
Who Can File an Opposition
According to Section 21 of the Trademarks Act, any person can oppose a trademark. This includes competitors, customers, members of the public, or anyone who believes the trademark could cause confusion or harm.
Common Grounds for Opposition
The trademark is similar or identical to an existing registered trademark
The trademark lacks distinctiveness
The trademark is descriptive or generic
The application was made in bad faith
The trademark may confuse or mislead the public
The mark is offensive or violates existing laws
Trademark Opposition Process
Filing the Opposition
Form TM-O must be submitted within four months of the trademark being published in the journal. The Registrar sends a copy to the applicant.
Counterstatement by Applicant
The applicant must reply within two months. If no reply is filed, the application is considered abandoned.
Evidence Submission
The opposing party must submit evidence within two months. The applicant then has two months to reply with their evidence. An additional one-month period may be allowed for further submissions.
Hearing and Decision
A hearing is held by the Registrar. Both parties can present their arguments. A final decision is issued in writing.
Trademark Objection vs Trademark Opposition
| Trademark Objection | Trademark Opposition |
|---|---|
| Raised by Examiner | Raised by Third Party |
| Happens before publication | Happens after publication |
| No fees required | Filing fee required |
| Response within 1 month | Response within 2-3 months |
| Part of examination process | Separate legal proceeding |
Documents Required for Trademark Opposition
Copy of the trademark journal publication
Supporting documents showing prior use or ownership
Sales invoices, advertisements, or promotional material
Signed evidence and legal documents
Why Choose Easy My Tax
Expert team with in-depth knowledge of trademark law
Comprehensive trademark search before filing or replying
Accurate preparation and timely filing of documents
End-to-end handling of the opposition process including hearings
Regular updates and support throughout the case
Protect Your Brand with Easy My Tax
If you are facing a trademark opposition or want to oppose a conflicting trademark, Easy My Tax is here to help. We provide complete guidance and handle the entire process for you. Contact us today to get started.
