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Raising Trademark Opposition

After the registry accepts a trademark application, it moves to a vital stage — publication in the government journal for a period of four months. During this time, any member of the public can file an opposition if they believe the trademark infringes on their rights or conflicts with an existing mark. This trademark opposition stage plays a key role in deciding whether the trademark moves forward to registration or if objections must be resolved first. Expert guidance can make all the difference in handling this process smoothly and ensuring your brand’s protection.

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Why Should I Use Auriga Accounting For Raising Trademark Opposition ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Raising Trademark Opposition.

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Overview
Eligibility
Grounds
Notice
Counterstatement
Submission
Key
Procedure

Overview - Raising Trademark Opposition

However, there are cases where third parties may have valid reasons to challenge the trademark’s registration. This gives rise to the trademark opposition process in India — a formal mechanism to dispute the registration of a conflicting or misleading mark.

However, there are cases where third parties may have valid reasons to challenge the trademark’s registration. This gives rise to the trademark opposition process in India — a formal mechanism to dispute the registration of a conflicting or misleading mark.

In this guide, we’ll break down the complexities of trademark opposition and walk you through the structured opposition procedure designed to resolve such disputes efficiently. Protecting your brand from potential conflicts is essential — and having expert support ensures your business stays safeguarded!

Initiation of Raising Trademark Opposition- Eligibility

Under Section 21 of the Trademark Act, “any person” — whether they have a personal, professional, or commercial interest — can oppose a trademark. This means the opposition can come from a customer, competitor, member of the public, or any other individual. Notably, the opposing party doesn’t need to be a registered trademark owner.

Once a trademark opposition is filed, both parties must engage in the legal process to determine whether the trademark proceeds to registration or is ultimately abandoned. Anyone who believes the published mark could mislead or confuse the public can initiate opposition, while the responsibility to defend the trademark rests with the applicant.

Grounds for Raising Trademark Opposition

Indian trademark law doesn’t specify fixed grounds for opposition. However, several common reasons can form the basis of a trademark opposition in India, including:

  • Similarity to an existing trademark: The mark is identical or strikingly similar to a previously registered or pending trademark.
  • Lack of distinctiveness: The proposed trademark fails to distinguish itself from other marks.
  • Descriptive nature: The trademark merely describes the goods or services and lacks originality.
  • Bad faith registration: The application appears to have been made dishonestly or with an intent to mislead.
  • Commonplace usage: The mark represents a term or symbol commonly used in the trade or industry.
  • Public deception or confusion: The mark is likely to mislead consumers or cause confusion about the origin of the product or service.
  • Legal conflicts: The trademark contradicts existing laws or is barred by any legal provision.
  • Prohibition under the Emblems and Names Act, 1950: The mark contains emblems, names, or symbols prohibited by law.
  • Offensive content: The mark includes elements that could insult or offend religious sentiments of any group or community.
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Notice of Raising Trademark Opposition

Anyone can file a trademark opposition with the Registrar within 4 months from the date the trademark registration application is advertised in the Trademark Journal. This is done by submitting a notice of opposition using Form TM-O, accompanied by the required fee.

The notice must include:

  • Details of the trademark application being opposed.
  • Information about the opposing party (the person or entity raising the objection).
  • Grounds for opposition, clearly outlining the reasons for the challenge.

Once the notice is filed, the Registrar is responsible for serving a copy to the applicant — the person or business that filed the original trademark registration application.

AURIGA ACCOUNTING PRIVATE LIMITED TradeMarak notice

Counterstatement for Notice of Raising Trademark Opposition

The applicant must submit a counterstatement to the Registrar using Form TM-O within 2 months of receiving the notice of opposition. This counterstatement should outline the applicant’s version of the facts and arguments defending the trademark. The Registrar will then forward a copy of the counterstatement to the opposing party.

If the applicant fails to file the counterstatement within the 2-month deadline, the Registrar will treat the trademark application as abandoned, halting the registration process.

Evidence Submission: Supporting and Opposing the Raising Trademark Opposition

The process involves an exchange of evidence between both parties:

  1. Opposing Party’s Evidence:
    • The opposing party must submit supporting evidence to the Registrar within 2 months of receiving the applicant’s counterstatement.
    • A copy of this evidence must also be provided to the applicant.
  2. Applicant’s Evidence:
    • After receiving the opposition’s evidence, the applicant has 2 months to submit supporting evidence defending the trademark application.
    • Copies of this evidence must be sent to both the Registrar and the opposing party.
  3. Further Evidence (Optional):
    • The opposing party can submit additional evidence within 1 month after receiving the applicant’s evidence.
    • This further evidence must also be shared with the Registrar and the applicant.
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Key Compliance Reminders For Raising Trademark Opposition

Both sides must strictly follow filing deadlines and procedural requirements to avoid severe consequences:

  • For Opponents: Failure to file a counter-reply or evidence on time may result in the opposition being dismissed, allowing the trademark to proceed to registration.
  • For Applicants: Failure to respond or provide necessary evidence may lead to the trademark application being abandoned.
AURIGA ACCOUNTING PRIVATE LIMITED TradeMarak Key element

Raising Trademark Opposition Procedure

The trademark opposition process involves several key stages, ensuring a fair assessment of the trademark’s validity before registration. Here’s a breakdown of the procedure:

  1. Initiating a Trademark Opposition

Anyone wishing to oppose a trademark application must file an opposition within 4 months from the date the trademark application is advertised in the Trademark Journal. This is done using Form TM-O, accompanied by the required fee.

The notice of opposition must include:

  • Details of the trademark registration application.
  • Information about the opposing party.
  • Clear grounds for the opposition.

Once submitted, the Registrar forwards a copy of the opposition notice to the applicant — typically within 3 months.

  1. Counterstatement from the Applicant

After receiving the opposition notice, the applicant has 2 months to respond by filing a counterstatement via Form TM-O. This response should outline the applicant’s defense and reasons why the trademark should still be registered.

The Registrar then provides a copy of the counterstatement to the opposing party.

Important: If the applicant fails to submit the counterstatement within the 2-month window, the trademark application is considered abandoned.

  1. Evidence Submission: Supporting and Opposing the Trademark

The next stage involves submitting evidence to support each side’s claims:

  • Opposing Party’s Evidence:
    The opposing party must submit evidence supporting their opposition within 2 months of receiving the counterstatement. Copies must also be sent to the applicant.
  • Applicant’s Evidence:
    The applicant then has 2 months to file evidence supporting their application, responding to the opposing party’s claims. Both the Registrar and the opposing party must receive copies.
  • Further Evidence (Optional):
    The opposing party may submit additional evidence within 1 month of receiving the applicant’s evidence. This final round of evidence must also be shared with the applicant and the Registrar.
  1. Trademark Opposition Hearing & Final Decision

Once the evidence exchange is complete, the Registrar schedules a hearing, notifying both parties.

During the hearing:

  • If the opposing party fails to appear, the opposition is dismissed, and the trademark moves forward to registration.
  • If the applicant is absent, the trademark application is abandoned.

The Registrar considers all submitted arguments and evidence before making a final decision — either allowing the trademark registration or rejecting the application. This decision is communicated in writing to both parties.

  1. Conclusion: The Final Outcome
  •  If the Registrar rules in favor of the applicant, the trademark gets registered, and a certificate is issued.
  •  If the decision favors the opposing party, the trademark application is rejected.
AURIGA ACCOUNTING PRIVATE LIMITED TradeMarak process

Significance of the Trademark Opposition Process in India

The trademark opposition procedure plays a vital role in ensuring only legitimate and unique trademarks are granted registration. It promotes public involvement, prevents confusingly similar trademarks, and safeguards brand identities in the market.

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