A trademark is typically a term, phrase, logo, or another symbol that a producer or service provider uses to distinguish their products or services from others. The lengthy procedure of registering a trademark includes advertising the mark in the Trademark Journal. Under the Trademark Act of India, anybody may start Trademark Opposition actions during the trademark advertisement or re-advertisement of an application for registration. In the event that a Trademark Opposition is made, both the opposing party and the trademark application have the opportunity to be heard and reply to the opposition. In this article, we will discuss the procedure of Trademark Opposition in India.

What is Trademark Opposition?

After the registrar has granted the trademark application based on the uniqueness factor and in India. Beginning on the day it was initially published, anyone may contest the published trademark within a window of three months, which may be extended for a further month (3+1). An opposition proceeding is started if the mark is contested. The decision is then made when both parties have had a chance to think it through. The choice of abandoning the mark or registering it would be made. The ability to file an opposition is unrestricted. Anyone who thinks that the public may get confused by the published mark may submit an opposition, and the onus of defending the trademark rests with the trademark registrant.

The grounds to apply for Trademark Opposition

The following are the grounds to apply for Trademark Opposition:

1. The term “mark” is a universal designation for connected services.
2. The mark primarily consists of a surname.
3. The Emblem and Names Act of 1950^[1] forbids the use of trademarks.
4. The trademark defies the law or is forbidden by the law.
5. The trademark’s nature is expressive.
6. The application may lead to confusion or public confusion.
7. The brand is defamatory, dishonest, or pornographic.
8. The trademark must be used in the current language or according to accepted business procedures.
9. The trademark is confusingly similar to another trademark, an official mark for the Olympics, a geographical indication registered in India, or another trademark.

Who can apply for Trademark Opposition?

• The notice of opposition may be filed by any party, including individuals, businesses, partnerships, and trusts.
• It is perfectly acceptable to form a unified opposition as opponents to the registration of a trademark when two or more people have the same concerns.
• The applicant’s earlier trademark owner
• One who previously used the trademark.

Document

The following are the documents needed for Trademark Opposition:

• Provide all the applicant’s information, including the applicant’s full name, complete address, nationality, qualifications, etc. Body corporations and other types of entities must submit a registration certificate;
• Present a Power of Attorney, allowing the lawyer to submit the Opposition on your behalf;
• Provide an affidavit containing the essential information on the trademark, information on its users, and proof of usage;
• Information is specific to the mark against which the trademark opposition is to be lodged, along with the fundamental justifications for the opposition.

The Procedure for Trademark Opposition 

The following are the procedure for Trademark Opposition:

Step1:

Within four months of the date of advertisement, any such individual who is unhappy with the related trademark registration may submit a notice of trademark objection online.

Step2:

The applicant may then submit a rebuttal statement within two months after receiving the notice of objection.

Step3:

If available, specific supporting evidence must be included to the counter-statement. The counter-statement must be submitted through affidavit within two months (with a one-month extension).

Step4:

The Opponent includes some evidence in his arguments as well, but he or she has the option to write to the Registrar and say that they do not want to file any evidence and that the facts are all they have to rely on.

Step5:

On request, the Opponent may be given a month (which may be extended by a further month) to submit evidence in reply to the applicant’s evidence.

Step6:

The Registrar will preside over the hearing, which will be based on the opposition notice, counterstatement, and evidence submitted.

Step7:

The parties must inform the Registrar of their intention to attend in the matter within 14 days of receiving the notice of hearing.

Step8:

After giving both sides a fair chance to speak, the Registrar ultimately determines the case on its merits.

Step9:

The trademark will be registered and a registration certificate will be given if the applicant wins the case. The trademark application will be rejected as a result of this trademark opposition if the registrar rules in the opponent’s favour.

NOTE 

The applicant will be assumed to have abandoned the trademark application if the Counter-Statement is not filed within two months.

After receiving the opposing party’s evidence, the applicant also has two months (extendable by one month) to provide any proof in support of their application.

Conclusion 

Any person or third party may file a Trademark Opposition to the application of trademark registration within four months of the date of advertisement after the Trademark Registrar publishes the application for trademark registration in the Trademark Journal. The online status of your trademark registration will read “Opposed” if an opposition has been filed against it. If your trademark application is approved for registration and is submitted, a trademark examination will take place, and your trademark will then be published online in the trademark journal. The main goal of such publication is to make the work known to the public and give anyone the opportunity to object to the application. He or she should only register a trademark opposition online if they feel they have been wronged by the registration. Seek professional advice to apply for Trademark Opposition in India. You can also reach Bizadvisors.io for more information.

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