TRADEMARK OPPOSITION

 

 

Basic Concept

 

 

As per the Trademark Act, 1999, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the Applicant is required to file Counter Statement to the Registrar within two months.

 

In cases wherein the Trademark Registrar approves Application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark - if a person or business entity feels that registration of the mark would not be fair, a trademark may be opposed. On filing Trademark Opposition, the Trademark Applicant is required to file a Counter Statement with the Trademark Registrar within 2 months.

 

LEGALRAJ can help you file a Trademark Opposition or respond to an opposition raised by a third party. The average time taken to file a trademark opposition notice is about 7-10 working days, subject to government processing time and client document submission.

 

 

What is the process for raising the Trademark Opposition ?

 

 

Step 1: Generate online enquiry on our website

 

Step 2: Our expert will provide you with the instructions as to how to proceed

 

Step 3: Fill up the checklist of documents and provide necessary documents to us

 

Step 4: We will start the preparing documents for raising an objection or opposition and provide you with the submission receipt.

 

 

What you will receive in Trademark Opposition package?

 

 

1. Expert consultancy

 

2. Complete end to end documentation

 

3. Professional drafting of objection reply against the opposition

 

4. Payment of Govt. fees

 

5. Certifying and submission of application

 

 

What are the grounds for raising the Trademark Opposition ?

 

A trademark opposition can be raised on various ground by any person. The following are main of the grounds upon which the an objections can be raised:

 

1. Relative grounds for refusal of registration (Section 11 of the Trade Marks Act, 1999):

 

If a trade mark is similar with an earlier trade mark and of goods or services covered by the other trade mark. Further, this similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark creates a confusion on the part of the public.

 

2. Absolute grounds for refusal of registration (Section 9 of the Trade Marks Act, 1999):

 

The trade marks which are devoid of any distinctive character and not capable of distinguishing the goods or services of one person from those of another person and  consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service and consist exclusively marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, such trademarks are not allowed to be registered.

 

 

How we help with replying to trademark opposition?

 

1. Consultation:

 

LEGALRAJ Trademark Expert would determine the reason for opposition and determine a course of action for filing the trademark opposition notice.​​​​​​​

 

2. Preparation and filing of Opposition:

 

Based on the discussion and course of action decided, a trademark opposition notice is prepared and filed with the Trademark Registry.