Trademark Opposition

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Trademark Opposition

To Know Trademark Opposition?

Initiate Notice of Trademark Opposition
Any person can file for trademark opposition to the Registrar within four months from the date of advertisement of the registration application in the trademark journal by sending a notice in Form TM-O and payment of fees. The Registrar serves a copy of the notice of opposition to the applicant (person who filed the trademark registration application) within three months of receiving the opposition notice.

Counter statement for Notice of Trademark Opposition
The applicant must file his/her counterstatement to the notice of opposition to the Registrar in Form TM-O within 2 months of receiving Opposition notice.

Evidence For and Against Trademark Opposition
The opposing party provides evidence supporting his/her notice of opposition to the Registrar in less than two months of getting the copy of the counterstatement filed by the applicant. The opposing party should also send all copies of the evidence to the applicant.

The Trademarks Act 1999, provides for the registration of a trademark in India. The brand owner has to apply to the Registrar of Trademarks for getting the trademark registration.On receiving the application for registration, the Registrar will advertise the trademark in the trademark journal. Any individual can file an opposition for registration of the trademark published in the Trademark Journal. The opposition should be filed to the Registry of Trademarks, where the trademark registration application is filed. When the trademark registry receives any kind of opposition to the trademark, it will conduct a hearing to decide the matter.The Trademark Act, 1999 and the Trade Marks Rules, 2017 provides the process of trademark opposition. Section 21 of the Trademarks Act, 1999, provides that any person can file a notice of opposition to the Registrar. This includes companies, individuals, trusts and partnership firms. Thus, any third party can raise opposition to trademark registration.

This is very important to protect against any sort of piracy or counterfeit of brand name. Only the registered proprietor can initiate infringement actions against any misuse of the trademark by the third parties in the market. If the Trademark status looks as “opposed”, the applicant needs to prepare a counter-statement within the time duration 2 months from the date Opposition Notice Copy. It will be judicious if the applicant gets your counter statements prepared by Trademark Attorney. Remember that the application of Trademark will be unrestricted if no such counter-statement is filed by the Trademark Registry within the specified time period.

The Registrar, after the receipt of evidence by both parties and further evidence of the opposing party, will give notice to both parties of the first date of hearing. After hearing both parties and considering the evidence submitted by them, the Registrar will decide whether to proceed with the trademark registration or reject the trademark registration application. The decision of the Registrar will be communicated to both parties in writing at the address provided by them and will be concluded with final decision.


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Procedure for Trademark Opposition

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Documents Required

Application number

Hearing Notice (optional)

Affidavit/ Supportive Documents

Newpaper/ Magazine Ads (optional)

Invoice Bills (if available)

GST/ Company documents (If available)

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What is trademark opposition in India?

Trademark opposition in India is a legal process where a third party challenges the registration of a trademark application. The opposition can be filed with the Trademark Registry within a specified period after the publication of the trademark application

Is there any govt fee?

Yes, There is govt fee to register with trademark under intellectual property right of India. The fee for individual, Proprietors, MSME Rs. 4500/- (four thousand and five hundred) per class only and for those companies other than MSME or SSI (Small Scale Industry) Rs. 9000/- per class only.

Who can register Trademark?

Trademark is registered under intellectual property rights and it can be registered by the professionals like Advocate, Trademark Agent or CS. Applicant can also register trademark which referred to the iprights.