Trademark Opposition

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TRADEMARK OPPOSITION

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.ny person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.According to Section 21 of the Trademark Act, ‘any person’ can oppose a trademark, irrespective of his commercial or personal interest in the matter.

A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered. However, 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 defending the trademark lies in the trademark registrant’s hands.

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FREQUENTLY ASKED QUESTIONS (FAQS)

What is trademark opposition?

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.

What is the period for filing 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.

What if the opposition is filed after three months?

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.

Who can oppose a trademark?

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.

If a mark is not registered can opposition be raised over the trademark?

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.

Is it necessary to submit a power of attorney while submitting the trademark opposition?

Generally, a power of attorney is to be submitted at the time of filing the opposition notice. If the POA is not available it can be filed later on too.

Where to file an opposition?

The opposition notice should be filed at the trademark registry where conflicting mark application has been filed.