File Trademark Opposition.

Registration of trademark application filed by any applicant can be opposed by any person for many reasons during the trademark registration process. The person filing the opposition must have business or personal interest in the matter or be a prior trademark owner.

Who can oppose a Trademark Application

According to Section 21 of the Trademark Act, “any person” can file a trademark notice, regardless of commercial or personal interest within the matter. The question of bona fides of the opponent doesn't arise. Hence, trademark opposition filing is often filed by a customer, member of the general public or competitor or the other person. Also, the person filing the trademark opposition needn't be a previous registered trade mark owner.

Reasons for Trademark Opposition.

A opposition of trademark are often filed under different sections like absolute grounds, relative grounds, prohibited mark or the opponent can also raise their own objection with reference to the proprietorship of the trademark opposed. The Indian Trademark Law doesn't provide any specific grounds of opposition. Hence, the rationale for trademark opposition might be varied.

• The following are a number of the grounds for trademark opposition in India:
• The trademark is analogous or just like an earlier or existing registered trademark.
• The trademark is barren of distinctive character.
• The trademark is descriptive in nature.
• The trademark registration application is formed with bad faith.
• The trademark is customary within the currently language and or within the established practices of a business.
• The trademark is probably going to deceive the general public or cause confusion.
• The application of trademark is contrary to the law or prevented by law.
• The trademark is prohibited under the symbol and Names Act, 1950.
• The trademark contains matters that are likely to harm religious feelings of any class or section of individuals.

Time Limit for Trademark Opposition

After advertisement of a trademark within the Trade Marks Journal, a person can oppose registration of the trademark for a period of three months (which could also be extended by a period not exceeding 1 month). Trademark opposition filings are often done only at the Trademark Registrars office and can't be taken on to a Court or the Appellate Board (IPAB). If a trademark opposition is successful, the registration of the trademark is going to be refused. If the trademark opposition application is rejected, the trademark is going to be registered.

Trademark Opposition Process

To filing of opposition of trademark proceedings a notice of trademark opposition are often filed by a person within four months of date of advertisement or re-advertisement of the appliance within the Trademark Journal. The trademark opposition must get on Trademark Form 5 within the prescribed manner and filed with applicable fees. The trademark opposition notice should contain the subsequent information:

Application against which trademark opposition is entered including trademark registration application number, class of excellent or services that trademark registration application was made and therefore the name of applicant of the trademark application. Details of the opposition of trademark party including legal name and postal address.

The grounds for trademark opposition.

Once the trademark opposition notice is filed with the Trademark Registrar, the Registrar would serve a replica of the trademark opposition notice to the trademark applicant. Within 2 months of receipt of the opposition notice, the applicant of trademark must file a counter statement. If the trademark applicant fails to file the counter statement within the prescribed period, the trademark application shall be deemed to possess been “abandoned”. To understand more about trademark application status, ask "Understanding Trademark Registration Status". Based on the trademark opposition filed and therefore the counter-statement filed, the Registrar may involve the hearing of the parties. The Registrar then has the choice to rule on the trademark registration application and trademark opposition filing supported the evidence presented.