A trademark is a unique sign, term, or phrase used to set apart one seller’s products or services from those of another. India, the trademark registration procedure consists of submitting an application with the Trademark Registry, the Registrar examination, publishing in the Trademark Journal, and final registration should no objections be generated. Third parties may contest a trademark application within a designated period—usually four months after publication—by means of trademark opposition, a vital phase in which This procedure guarantees only worthy trademarks are registered, therefore preserving the integrity and uniqueness of trademarks available on the market.

What is Trademark Opposition?

Third parties can officially oppose the registration of a brand by sending a letter of objection to the Registry. This letter should include specific information about the application to register a brand, the party that is opposing it, and the reasons why they are opposing it.

Grounds for Opposing a Trademark Registration:

There are several reasons to reject a trademark:

1. The suggested trademark is the same as or similar to a brand that has already been filed. This could make customers confused.

2. Descriptive in Nature: The logo is descriptive and lacks unique character, making it difficult to identify from other related trademarks.

3. The trademark lacks unique character and cannot help one to differentiate the products or services of the applicant from those of others.

4. Widely word in Current Language or Business Practices: It is difficult to get exclusive rights if the trademark is a widespread word used in the present language or accepted business practices.

5. Application Made in poor Faith: Made in poor faith, the application for trademark registration intends to be used for the misbehavior of the trademark system.

6. Law or Violates Legal Rules: The trademark is forbidden by law or violates legal rules, like those pertaining to copyright, geographical indicators, or religious attitudes.

7. The trademark is probably going to mislead the public on the source, kind, or quality of the products or services, therefore creating uncertainty or dishonesty.

8. The trademark consists of characteristics that could insult the religious sentiment of a certain group or class of individuals.

9. forbidden Under the Emblem and Names Act of 1950: The brand is forbidden under the Emblem and Names Act of 1950, which controls the use of certain marks and names.

Significance of Trademark Opposition in India:

Trademark opposition in India ensures that only worthy trademarks are registered, allowing public involvement and stopping competing trademarks from living in the market. Timely attention to timelines and filing requirements is crucial for effective case showing.

Who Can File Trademark Opposition?

Any person, company, individual, trust, or joint business can file a trademark objection in India. This includes not only past registered brand owners but also clients, buyers, or members of the public likely to use the goods or services. The challenge must be made within four months of the name printing in the name Journal. Failure to file an opposition within this time period invalidates the opposition.

Procedure for Trademark Opposition

The trademark objection process in India consists of several key stages:

1. Notice of Opposition (Rule 42): Any person can challenge a trademark application within four months of its release in the Trademark Journal by filing Form TM-O along with the authorized fee of INR 2700 per class. The letter must include information about the opposite party, reasons for opposition, and terms of the application being challenged. The Registrar then serves a copy of the letter to the trademark applicant within three months.

2. Counter-Statement (Rule 42): The application has two months to file a counter-statement using Form TM-O after getting the notice of objection. Failure to send the counter-statement within the defined time leads to loss of the application. The official fee is due per class object, regardless of the amount of classes.

3. proof Submission – Stage One: Within two months of getting the counter-statement, the opponent can submit proof backing the opposition through an oath. Failure to give proof leads to surrender of the argument.

4. Evidence Submission – Stage Two: The applicant has two months to file evidence backing the application after getting the opponent’s evidence. If the candidate fails to send proof, the claim is deemed abandoned. The opponent gets one extra month to present further proof after the application.

5. Once both sides have sent in their evidence, the Registrar plans a hearing at least one month ahead. Every side has a chance to argue and counter the assertions of the other party during the hearing. The Registrar then decides on the opposition.

6. Should one be unhappy with the Registrar’s ruling, either side has three months from the date to appeal to the Intellectual Property Appellate Board (IPAB).