Trademark Opposition is a legal process that allows third parties to challenge the registration of a trademark during the application phase. This usually occurs when a trademark is published in the Trademark Journal and someone believes it conflicts with their prior rights or existing trademarks.

Online Trademark Registration in India

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    OVERVIEW

    What is a Trademark Opposition?

    In India, trademark opposition arises after the registrar has approved a trademark application based on its distinctiveness and has published it in the journal for third-party objections. Any individual can challenge the published trademark within a period of three months, extendable by an additional month (3+1), starting from the publication date. If a challenge is filed, opposition proceedings commence, requiring both parties to resolve the matter. A determination will then be made on whether the trademark will be granted registration or abandoned. There are no restrictions on who can file an opposition; anyone who believes the published trademark may cause public confusion can submit an opposition. The responsibility to defend the trademark falls on the trademark owner.

    BENEFITS

    Benefits of Partnership Firm

    Highly effective remedy for TM owner

    The burden of defending the trademark lies with the trademark owner. Trademark opposition is a crucial process, providing an opportunity for existing trademark holders to prevent any new marks that might infringe upon their brand, dilute its distinctiveness, or cause market confusion.

    Public consultation

    Since a brand gains value through public recognition and demand, it is essential to seek public feedback on the registrability of the proposed trademark.

    ONLINE REGISTRATION

    Documents required to file a Trademark Opposition

    Details of applicant

    Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide with registration certificate

    Power of Attorney

    It allows the attorney to file the trademark opposition on your behalf

    Affidavit

    Affidavit with the basic information about the trademark and its user date and proof of use

    Details about the opposed mark

    Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition

    How to choose a name?

    If the trademark closely resembles or duplicates a previously registered trademark.

    If the mark lacks distinctiveness or is merely descriptive.

    The trademark has the potential to mislead the public or create confusion.

    If the mark is commonly used in everyday language or reflects standard business practices.

    If the mark violates legal regulations or is restricted under the Emblems and Names Act, 1950

    The mark includes elements that could potentially offend the religious sentiments of any group or community.

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    ONLINE REGISTRATION

    File TM Opposition in 3 Easy Steps

    1. Follow Quick Process

    • Spare less than 10 minutes to fill our online Questionnaire
    • Upload all the required documents
    • Make payment through secured payment gateways

    2. Experts are Here to Help

    • Dedicated Relationship Manager
    • Consultation regarding the Trademark opposition application
    • Provide the required documents
    • Filing of Reply online by Registered Attorney
    • Provide Application No. & TM Registration Certificate(if any)
    • Preparation & filing of the application

    3. Your Trademark Opposition Application is ready

    • All it takes is 15-20 working days*
    THE PROCESS

    Trademark Opposition Process

    Day 1 - 2 Collection

    • Discussion and collection of basic Information
    • Provide required documents

    Day 3 - 7 Execution

    • Drafting of Opposition application by Professionals

    Day 8 - 9 Submission

    • Filing of online TM-O application

    Trademark Opposition