What is Opposition?

Updated on July 09, 2024 10:02:50 AM

Trademark opposition is a legal process in India that allows any third party to object to the registration of a particular trademark. The opposition can be raised on various grounds, such as the mark being identical or similar to an already registered trademark, or if it is likely to cause confusion among the consumers.

The opposition process is governed by the Trademark Act, 1999, and the Trademark Rules, 2017. Once a trademark application is advertised in the Trademark Journal, any interested party can file an opposition within three months from the date of publication. The opposition should be filed in a prescribed form, along with the required fees, and supporting evidence to support the grounds of opposition.

Trademark Opposition refers to the process of challenging or objecting to the registration of a trademark by a third party. It is a Legal mechanism provided under the Trade Marks Act, 1999, which allows any person or entity to oppose the registration of a trademark within a specific period after the publication of the trademark in the Trade Marks Journal.

Trademark opposition can be initiated by filing a notice of opposition with the Trademark Registry within the prescribed period. The notice of opposition must contain the grounds for opposition, and the opposing party must provide evidence in support of their opposition. The trademark owner will then have the opportunity to respond to the opposition, and the Registrar will consider the evidence presented by both parties before making a decision.

The grounds for trademark opposition in India may include issues such as similarity or confusion with an existing trademark, lack of distinctiveness, deceptive similarity, and so on. The trademark opposition process is an important tool for protecting the rights of trademark owners and ensuring that trademarks are not improperly registered, which could lead to confusion in the marketplace.

The process for trademark opposition in India involves the following steps:

• Filing of Notice of Opposition: Any person can file a notice of opposition with the Trademark Registry within four months from the date of publication of the trademark in the Trade Marks Journal.
• Examination of Notice of Opposition: Once the notice of opposition is filed, the Trademark Registry examines the opposition and forwards a copy to the trademark owner, who is required to file a counter-statement within two months from the receipt of the notice.
• Evidence and Hearing: After the counter-statement is filed, the Trademark Registry sets a date for hearing and allows the parties to produce evidence during hearing in support of their respective claims. The parties may also file written submissions and make oral arguments.
• Decision by Registrar: After considering the evidence and arguments presented by both parties, the Registrar of Trademarks decides whether to allow or reject the opposition. The decision is communicated to the parties and is subject to appeal before the Intellectual Property Appellate Board (IPAB).
• Registration or Abandonment: If the opposition is rejected, the trademark registration proceeds. If the opposition is successful, the trademark application is abandoned or the trademark registration is removed from the register.