Office No. 5 CTS NO. 335/2, Kirti Bhawan , Sheela Vihar Colony , 3RD Floor, Paud Phata, Pune – 411038
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Trademark Opposition

Trademark Opposition

A trademark request filed by a candidate can be opposed by any individual for several motives throughout the trademark application phase. The individual filing the opposition is not needed to have any profitmaking or private concern in the matter or be an erstwhile registered trademark owner.

Who can oppose a Trademark Application?

As per Section 21 of the Trademark Act, “any individual” can file a trademark notice, regardless of profitmaking or private concern in the matter. The query of bona fides of the challenger does not ascend. Thus, trademark opposition filing can be filed by a client, affiliate of the communal or opponent or any new person. Also, the individual filing the trademark opposition need not be a preceding registered trademark owner.

Aims for Trademark Opposition

A trademark opposition can be filed below diverse segments like total grounds, comparative grounds, forbidden mark or the challenger may also rise their own opposition with respect to the proprietorship of the trademark opposed. The Indian Trademark Law does not offer any precise grounds of opposition. Thus, the cause for trademark opposition could be wide-ranging.

The following are a few of the grounds for trademark opposition in India:

  1. The trademark is alike or matching to a former or present registered trademark.
  1. The trademark is bereft of unique character.
  2. The trademark is expressive in nature.
  3. The trademark registration application is made with evil conviction.
  4. The trademark is expected in the present language and/ or in the recognized practices of a business.
  5. The trademark is expected to cheat the community or result in confusion.
  6. The trademark is opposing to the law or prohibited by law.
  7. The trademark is forbidden under the Emblem and Names Act, 1950.
  8. The trademark comprises stuff that is probable to offend religious spirits of any class or section of people.
How do we work?

Step 1

Upload your details and make payment.

Step 2

Get a call from TM expert

Step 3

Expert will analyze and examine and make a report.

Step 4

Drafting of Opposition done.

Step 5

Expert will send you the draft for approval.

Step 6

Congratulations! Your Trademark Opposition has been successfully applied.
Documents Mandatory for Trademark Opposition
Details of the Applicant
Power of Attorney
Affidavit
Details about Opposition
Important Points
Rule 44 of the Trademark Rules, 2017 states that an applicant can further file a counter statement in Form TM-O within 2 months.
On failure of filing the counter-statement by the applicant, the Registrar will take down the form and won't approve it for the registers.
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