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Trademark Opposition
writing and submitting a notice of opposition. Special cost for Corporate Shastra-filed trademark applications.
INR 7899 All Inclusive
Opposition
Drafting Notice of Opposition
Prepared by Attorney
Submission on IPIndia
Trademark Opposition: A Guide by Corporate Shastra
Trademark Opposition:
A Guide by Corporate Shastra Trademark opposition is a legal process where a third party challenges the registration of a trademark after it has been published in the Trademark Journal. This stage allows the public to raise concerns over potential conflicts with existing trademarks or any other legitimate reasons for opposition.
At Corporate Shastra, we assist businesses in understanding and navigating the trademark opposition process to protect their brand and intellectual property.
Why File a Trademark Opposition?
A third party may file a trademark opposition for several reasons, including:
Similarity to Existing Trademarks: If the applied trademark resembles an existing mark in a way that might confuse the public.
Descriptive Marks: The trademark merely describes the nature, quality, or geographical origin of the goods/services.
Deceptive Marks: The trademark could mislead consumers about the nature or quality of the goods/services.
Contrary to Public Policy: The trademark might be against public policy or accepted principles of morality.
Trademark Opposition Procedure
Filing of Opposition: The notice of opposition must be filed within four months of the trademark being published in the Journal.
Counter-Statement: The trademark applicant must respond with a counter-statement within two months of receiving the opposition notice.
Submission of Evidence: Both parties are allowed to submit evidence supporting their claims.
Hearing: If necessary, a hearing is conducted before the Trademark Registrar.
Final Decision: The Registrar will decide whether the trademark should be registered or the opposition should be upheld.
Trademark Objection vs. Trademark Opposition
Understanding the distinction between trademark objection and trademark opposition is key in ensuring your brand’s protection.
Trademark Objection
Initiated by: The Trademark Examiner.
Stage: Occurs during the examination stage of the trademark application, before publication.
Reason: Raised by the examiner if the trademark doesn’t meet legal criteria, such as being too descriptive, lacking distinctiveness, or conflicting with an existing trademark.
Response: The applicant must respond to the objection by filing a reply along with supporting documents to address the concerns.
Trademark Opposition
Initiated by: Any third party.
Stage: Occurs after the trademark is published in the Trademark Journal, during a four-month window for public review.
Reason: Filed by a third party who believes the mark could infringe on their existing rights or otherwise should not be registered.
Response: The applicant must file a counter-statement and may submit evidence to defend their trademark application.
Key Differences
Aspect | Trademark Objection | Trademark Opposition |
Initiator | Trademark Examiner | Third party (public). |
Stage | During examination, before publication | After publication in the Trademark Journal. |
Purpose | Ensure legal compliance of the trademark | Protect third-party rights or prevent misleading marks. |
Response Time | Applicant must respond to examiner's objections | Applicant must respond to opposition notice. |
At Corporate Shastra, we specialize in navigating trademark disputes, ensuring your brand’s intellectual property is protected at every step. Whether facing an objection or opposition, we provide tailored legal support to strengthen your trademark application.
Documents Required for Trademark Opposition
To file a trademark opposition, the following documents are essential:
Notice of Opposition: Filed in Form TM-O within four months from the date of publication in the Trademark Journal.
Statement of Grounds: This details the reasons for opposing the registration of the trademark.
Evidence in Support: Any supporting documents proving your claim (such as prior use or an existing registered trademark).
Power of Attorney: If the opposition is filed through an attorney, a duly signed Power of Attorney is required.
Trademark Opposition FAQ's
What exactly is trademark opposition?
Trademark opposition is a legal challenge against the registration of a trademark, initiated during its four-month publication period in the official government journal. This allows any member of the public to object to the trademark if they believe it infringes on their rights or is otherwise unsuitable for registration.