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.
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Documents Required To File A Trademark Opposition
- The copy of Trademark to be opposed.
- The reason for opposition.
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.
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