When a Trademark application is approved by the Registrar, it is kept open for the public to allow any objection or opposition from them. The Trademark opposition can be filed by any person or business if registering the mark would be unfair. Section 21 of the Trademark Act, 1999 enables any person or consumer.
To oppose a Trademark, a Notice of Opposition is filed with the Trademark Registrar within 4 months from the date the mark was published in the Trademark Journal. The Trademark applicant gets 2 months to file a counter-statement against the opposition received.
Procedure To File A Trademark Opposition
Upon receiving the requisite documents, the Trademark lawyer will draft the Notice of Opposition i.e. the application opposing the mark published in the journal. The Notice of Opposition will be sent to the Registrar first, who will examine it and then send it to the applicant.
Documents Required To File A Trademark Opposition
- The copy of Trademark to be opposed.
- The reason for opposition.
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Frequently Asked Questions
Why should I choose Legistify?
Legistify connects you with a Trademark expert who assists you in drafting and filing of your Trademark opposition. With Legistify, you can file your Trademark opposition hassle-free. NOTE: This package does not include any legal work after the filing of your Trademark opposition.
How many Trademark classes are there?
There are 45 Trademark classes divided in accordance with different kinds of products and services.
What is a Trademark Class?
The Trademark Registry has classified goods and services under different Trademark classes. A Trademark registration application must include the class or classes under which the Trademark for any goods or services is to be registered.
Which trademarks can be opposed?
A Trademark that is identical or deceptively similar to an already existing registered Trademark or a Trademark for which an application has already been filed can be opposed. Additionally, a Trademark that causes confusion or deceives the consumer or contains any geographical name, common name, trade words, offensive words or common abbreviations can be opposed.
What happens after filing the Trademark opposition?
The Trademark Registrar examines the notice of opposition and sends to the applicant. The applicant then gets 2 months to send a counter-statement.
Is there any time limit to file a Trademark opposition?
Yes, a Trademark opposition must be filed within 4 months from the date the Trademark was published in the journal.
What is must be included in a Trademark opposition?
The Trademark opposition must contain the reasons, facts and evidence as to why the mark should not be registered. It states the evidence and facts as to why a Trademark must be not granted to the owner.
What is the process to file a Trademark opposition?
The Trademark opposition is filed in form of a Notice of Opposition that includes the grounds on which the mark is challenged.