TM Opposition Counter Statement

A person can oppose a trademark registration on the following grounds:

• Similarity to an Existing Trademark: The mark is identical or deceptively similar to a previously registered trademark.
• Lack of Distinctiveness: The trademark fails to distinguish the applicant’s goods or services from others.
• Descriptive Nature: The mark merely describes the goods/services or their characteristics (e.g., “Sweet” for candies).
• Customary Usage: The trademark consists of terms or symbols commonly used in the current language or established business practices.
• Bad Faith Application: The application is filed with dishonest intentions or to exploit an existing reputation.
• Contrary to Law: The mark goes against legal provisions or public policy.
• Risk of Confusion: The trademark is likely to mislead or confuse consumers.
• Religious Sensitivity: The mark contains elements that may offend the religious sentiments of any group.
• Prohibited Symbols: The mark includes symbols or names restricted under the Emblem and Names Act, 1950.