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Trademark Opposition Doesn't Mean Defeat – Here's How to Turn It Around
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Overview
Trademark opposition is a legal process in which a third party challenges the registration of a trademark during the application stage. Section 21 of the Trademarks Act, 1999, provides that any person can file a notice of opposition to the Registrar. This includes companies, individuals, trusts and partnership firms. Thus, any aggrieved third party can raise opposition to trademark registration. The opposition process involves presenting evidence and arguments as to why the trademark should not be registered, often on grounds like similarity to an existing mark, lack of distinctiveness, or risk of consumer confusion. The trademark applicant can respond to defend their mark, and the trademark office will decide the outcome based on the evidence and arguments presented. Successful opposition can protect brand identity and market position, while an unsuccessful challenge may incur costs for the opposing party.
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Benefits
Protects your brand against the conflicting mark: In a case, where a person has applied for a trademark that is similar and conflicting to your brand name and is likely to cause confusion after registration, then filing a trademark opposition may help your business against the possible confusion.
Protection against violation of public interest: Trademark opposition provides an option to the general public to oppose the registration of any applied trademark if such a brand name is against the public interest.
Protection of goodwill and reputation: Trademark Opposition helps to eliminate fraudulent and dishonest applications filed with the intention to misappropriate the goodwill and reputation of the opponent.
Our Services
We consistently strive to deliver the utmost service to our valued customers
Pre-Opposition ConsultationPre-Opposition Consultation
Filing an Opposition
Defending Against an Opposition
Evidence and Documentation Support
Opposition Hearing Representation
Settlement and Negotiation Services
Appeals and Further Legal Action for unfavorable outcome of the opposition
Trademark Watching and Monitoring Services
Documents Required
Those are the important and mandatory documents are required to be uploaded online
Opposition Notice
Last Status
Logo or device
Opposition Reply
Trademark application
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Frequently Asked Questions
On an average, it takes 15 to 20 days to prepare and file a notice of trademark opposition or counter statement.
Yes, you can file an opposition against such a trademark even if you’re trademark is not registered in India.
Notice of opposition is filed by the opponent against the registration of a trademark of an applicant which is published in Trademark Journal and it shall contain details of the opposing parties, details of opposing trademark, and the grounds of opposition. On the other hand, the counter statement is filed by the applicant in response to the notice of opposition which shall contain clause wise counter statement for all the grounds of opposition.
The grounds on which a person can file opposition for trademark registration are:
- The trademark is identical or similar to an already existing registered trademark.
- The trademark is descriptive in nature.
- The trademark is devoid of distinctive character.
- The trademark is customary in the present language or the established practices of business.
- The application for trademark registration is made with bad faith.
- The mark is prevented by law or contrary to the law.
- The trademark is likely to cause confusion or deceive the public.
- The trademark contains matters likely to hurt the religious feelings of any section or class of people.