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Trademark opposition in India comes sometime after the registrar approved a trademark application for various reasons and published a third-party trademark in the journal.
Who can oppose a Trademark Request in India?
Any person may object to a trademark application lodged by the applicant for various reasons during the trademark application phase.
In terms of Section 21 of the Trademark Act, ‘any person may object to a trademark, whether in commercial or personal interest in the matter.
A trademark can be calculated by completing a customer, community member or competitor, or any other person. Also, a person filing a trademark objection needs to be a pre-registered trademark owner.
Who decides whether a trademark should be abandoned or registered?
After filing a counter objection, both parties need to conclude that the trademark must be abandoned or registered. However, there are no restrictions on completing the objection. Anyone who believes that a published tag can confuse the community can file a counter file while the trademark protection is in the hands of the trademark registrar.
Trademark Opposition Process
What is the process of branding opposition?
- Notice of Opposition
Any person may lodge a counter-trademark notice from the trademark journal within four months from the first date of appearance.
It must be completed on Form 5 Trademark in the prescribed manner and completed with applicable fees.
- Opposition Statement
After the trademark notice has been filed with the trademark registrar, the registrar will provide a copy of the trademark notice to the trademark applicant. Within two months of receiving the trademark, opponents are aware that the applicant must complete a counter-notification.
If a trademark applicant fails to file a counter-statement within a specified period, the trademark application will be “omitted.” However, it is necessary to understand the status of the registration of the mark.
After the witness period is over, the registrar will send notices to both parties stating the date of the hearing, which will be at least one month after the date of the first notice. The hearing is based on the opponents’ notice, the completion of the opposition statement, and the evidence presented. The registrar hears the case through the registrar, and if any parties do not attend the hearing, the registrar will issue a decision against him.
Based on a review of the evidence submitted and the hearing of both parties, the registrar decides whether the opponents were successful in doing so and, next, decides whether the trademark should be registered or not. However, the party affected by the registrar’s decision may challenge the same by filing an appeal before the Intellectual Appeal Board.
Time Limit for Trade Sign Opposition
Following an advertisement for a trademark in the Trade Marks Journal, any person may object to the registration of the trademark for three months (which may be extended for a period not exceeding one month). Submission of objections to a trademark may only be made at the Trademark Registry office and may not be referred directly to the Court of the Appeals Board (IPAB).
If the trademark objection is successful, the registration of the trademark will be rejected. If a trademark objection application is rejected, the brand will be registered.
Why is the trademark opposed?
A trademark objection may be filed under various categories such as absolute reasons, related reasons, prohibited marks, or concerning the ownership of the trademark in question.
Indian trademark law does not provide any grounds for opposition. There are various reasons for the opposition to the trademark mentioned below:
- The trademark is the same or similar to the previous or existing registered trademark.
- Trademark does not have unique characters.
- The trademark is descriptive.
- Application for registration of a sign is made in bad faith.
- Trademark is a tradition in the current language and or in established business practices.
- The trademark may deceive the public or confuse.
- Trademark is illegal or prohibited by law.
- Trademark is not permitted under the Emblem and Names Act, 1950.
- The trademark contains material that could harm any category or part of human religious sentiment.
The difference between a trademark objection and a trademark objection
Trademark resistance and opposition are two different processes. However, people are often confused between the same Here in this table; we have tried to explain the fundamental differences between trademark opposition and trademark opposition.
Opposition Trademark Opposition
Trademark Inspector issues a trademark objection. The trademark receives a third-party objection.
One does not need to pay money. Funds are required to be sent along with feedback to opponents.
Feedback should be submitted within one month. Feedback must be submitted within three months (which may be longer than one month)
A trademark opposition is part of the trademark registration process. Trademark resistance is a different process.
If there is no response from the applicant, it leads to the removal of the trademark. It is the same with the trademark opposition; no response will lead to the removal of the trademark.
An appeal may be lodged after the rejection. An appeal may be lodged after the decision has been made.
Now, this can be a cumbersome process if there is no proper guidance involved. With AK taxes, you can get expert advice from our Trademark experts to ease Trademark registration.
For opposing a trademark Form, TM-5 must be filed by the opponent. As per the application, the opposition of the trademark must be filed in the appropriate trademark office. The TM-5 form must contain the following details:
Details about the trademark application
- Impugned application number
- Indication of the goods or services from the trademark application
- The name of the applicant for the trademark sought to be opposed.
Details about the opposing party
If the opposition is filed by the trademark owner of an earlier mark: Name and address of the trademark owner and an indication that he is the trademark owner of such trademark.
If a trademark licensee files the opposition: Name and address of the trademark licensee along with an indication that he or she has been authorized to enter the opposition.
If a successor files the opposition to the registered trademark owner: Name and address of the successor and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or where this information is not available, was sent to the appropriate office.
If a party outside India files the opposition: Name and address the opposing party and address India’s service.
The trademark opponent or an authorized person who is acquainted with the case’s facts should sign the notice of the opposition.
Frequently Asked Questions
An individual who thinks that his or her brand name or the reputation of the company will be damaged by the registration of a mark can raise a trademark opposition.
The Opposition notice can be filed within three months and can be extended by one month from the date which the trademark was published in the trademark journal.
In case the trademark opposition is filed after three months but before four months expiry period the notice of opposition should be accompanied by a request for extension by providing a sufficient reason for the delay in the same.
Anyone can file for trademark opposition, but usually, an opposition is raised by a person who is the owner of the trademark or a mark that deals with similar goods and services.
A trademark opposition can be raised even if the trademark application is pending or already in use. The common law of rights prevents any person from selling goods and services.