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Trademark Opposition

What is Trademark Opposition ?

A 'Trademark opposition' means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. This includes any mark which may be identified with an already registered trademark or that have become customary in the practice of trade. You can oppose the same when it gets published in the journal. The notice of opposition can be filed along with evidence in support of Application.

The various grounds based on which a person may start Opposition Proceedings are:

  The brand is similar to an earlier or existing registered trademark

  The mark is devoid of distinctive character.

  The mark is descriptive

  The application for the trademark is made with critical acceptance

  The mark is expected in the current language or the grounded practices of business

  The trademark is likely to mislead the public or cause trouble

  The mark is opposed to the law or is restricted by law

  The trademark is forbidden under the Emblem and Names Act, 1950

  The mark contains elements that are likely to spoil any class or section of people's religious feelings

Documents and Information Required for Trademark Opposition

  Details of the applicant

  Power of attorney

  Evidence of usage of Trademark

  Ground of Objection

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Trademark Opposition Steps

Preliminary Requirements:

 Provide basic details & documents required for Incorporation.

 Consultation with Trademark Expert regarding opposition application

 Provide Application No. & TM Registration Certificate(if any)

 Make payment through secured payment gateways

Consultation and Filling

 Preparation & filing of the application

Departmental Processing

 All it takes is 15-20  working days*

*Subject to Government processing time

Trademark Opposition Process

Day 1 - 2 Collection and Collation:

 Provide basic details & documents required for Registration

 Consultation with Trademark Expert regarding opposition application

 Name approval application through Spice part A.

Day 3 - 5 Filing of Objection:

 Drafting of Opposition application

Day 6- 7 Submission:

 Filing of online TM-O application

 All it takes is 15-20  working days*

*Subject to Government processing time