There comes a stage in the process of getting the trademark application approved in India where after the approval from the Registrar and the publication of the trademark in a journal, it is up for third party opposition for a period of 4 months. Basically, Trademark opposition in India means that anyone can stand up and oppose the published mark within a period of 3 months, which can be extended for another 1 month, counting from the day it was published for the first time. Once a Trademark is opposed in India, it sets in motion a proceeding for the opposition.
Once the proceeding for the opposition has been started, both the opposing and the opposed parties are required to come to an amicable conclusion and a decision is then taken. This decides whether a trademark is going to be registered or abandoned. There are absolutely no restrictions on filing an opposition. If you suspect that a certain published trademark can create any conflict or confusion in the society, you have a right to oppose it. The entire responsibility of convincing you and defending the trademark lies on the shoulders of the Trademark Registration applicant.
Benefits of filing Trademark Opposition in India
A preventive measure for the Trademark owner – A trademark opposition can serve you as a blessing in disguise as it might point you to a possible loophole or confusion/conflict that might arise out in the market because of the trademark and gives you a window of rethinking, restrategising, and if needed, correction.
It is the first public consultation of the trademark – This process can be seen as a way to seek the public’s approval towards the trademark, and make amends in case the public or any section of it disapproves.
Documents required to file a Trademark Opposition in India
Applicant’s personal details – Name, address, ID of the applicant.
Power of attorney – This provides power to the attorney to file the trademark opposition on your behalf.
Affidavit – This document is to contain basic information about the mark and its user date and proof of use.
Details of the trademark you’re opposing – A detailed note on the trademark you’re opposing describing the grounds for opposition.
On what Grounds can you oppose a trademark?
You can oppose a trademark registration on these following grounds –
- In case the concerned trademark is identical or even similar to an existing trademark that has already been registered.
- In case the trademark is descriptive in nature or devoid of any uniqueness.
- In case the trademark threatens to mislead the public or cause conflicts.
- In case the trademark is customary in the current language or is in the already established practices of businesses.
- In case the trademark is illegal or prohibited under the Emblem and Names Act, 1950.
- In case the trademark consists of any symbols that might hurt the sentiments of any religious sentiments, any section or class of people.
Procedure for Trademark Opposition in India
A simple procedure for Trademark opposition with Seedup.in
Fill the form – The first step to fill out our simple questionnaire and submit the required documents.
Drafting of the application – Consultation and then drafting of the Trademark opposition application by the experts at seedup.in
Submission of the Objection – The last step is to submit the Trademark Objection Application which is done on your behalf by your assigned attorney.
This entire process can take about 8-10 days.