Can you oppose a trademark that has already been filed?
Updated on September 05, 2025 11:18:01 AM
A trademark is a symbol, phrase, word, or design used to identify a specific product or service. To be legally protected, a trademark must meet certain requirements, including being unique and not generic. This means that the trademark cannot be so common that it can be used by others to identify similar products or services. At the same time, the trademark should not be so uncommon that others cannot use it without infringing on someone else's trademark rights.
Opposition filing is a Litem Legalis" process in which an individual or a company can object to the registration of a trademark application. It is a formal challenge that is filed with the relevant trademark office to prevent the registration of a trademark that is considered too similar or identical to an existing trademark.
Opposition filing allows parties who believe that their trademark rights will be infringed upon by the registration of a similar or identical trademark to take action and protect their interests. This process is usually initiated by filing a notice of opposition within a certain time frame after the publication of the trademark application.
The opposition proceedings can be a complex legal process that involves presenting evidence, arguments, and counter-arguments to support or refute the opposition. The final decision is usually made by the trademark office after considering all the evidence presented by both parties.
Trademark opposition filing could be a tricky process but it is always feasible to assist any Professional. Trademark opposition could be filed for a similar trademark but in a different class in the same manner, as any other opposition filing but for that the following gourds should be satisfied:
It can be simpler for some trademark owners to contest a trademark in a different category. For instance, if the trademark is registered for use as a service mark, there may be more valid reasons to oppose it compared to if it were registered for use in goods.
The process for opposing the same trademark in a different category is similar, and filing oppositions for various trademark categories may yield better outcomes due to more specific grounds for each opposition type. This approach can save time and be more efficient as legal proceedings may not be necessary.
The trademark opposition could be filed within 4 months from the date from which your trademark gets accepted and advertised in the trademark journal.
For example: If a trademark “Icon” gets accepted and advertised in a trademark journal for different classes then any person or any concerned party can oppose the trademark within 4 months of it getting accepted and advertised in the trademark journal.
In conclusion, it is possible to file an opposition for the same trademark in a different class. The opposition filing process is a formal challenge to the registration of a trademark that is considered too similar or identical to an existing trademark. To file an opposition in a different class, certain criteria must be met, such as having a well-known trademark, dealing with similar goods and services, having a coined mark, or having a deceptively similar mark.
Filing oppositions for various trademark categories may yield better outcomes due to more specific grounds for each opposition type. The opposition must be filed within four months from the date of acceptance and advertisement in the trademark journal. Overall, the opposition filing process can be complex, and it is advisable to seek the assistance of a professional.
Free Legal Advice
Expert Lawyers
Lowest Fees
Quick Process
It may be advantageous for some trademark owners to file an opposition for the same trademark in a different class.
Yes, you can use the same trademark in a different class, as long as it is not likely to cause confusion with existing trademarks in that class. Trademark protection is granted on a per-class basis, which means that a trademark registered in one class does not automatically protect the same trademark in a different class.
It is not possible to file the same trademark twice for the same goods or services. Once a trademark application has been submitted and registered, it is protected under the law, and there is no need to file another application for the same mark.
It's not possible for two people to have the same trademark for the same category of goods or services in the same geographical location. Trademarks are registered to prevent confusion among consumers and to protect the owners of the mark from infringement by competitors.
Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction.
804, 8th Floor, Bhandari House,
Nehru Place, New Delhi - 110019
