Trademark Opposition

Trademark Opposition

As the very name suggest trademark opposition basically means any person is free to oppose a trademark which is advertised in the journal for registration by the trademark registry. This particularly protects the trademark for being misused or takes benefit of the owner’s efforts without his consent by anyone who is not authorized.

Trade and Merchandise Marks Act, 1958 was introduced and later in the fifteenth year of republic India, it was replaced by the Trademark Act 1999.

A legal right to challenge the right to register any particular trademark is known as trademark opposition. Trademark can be opposed by filling a notice of opposition along with paying the prescribed fees with the Trademark Trial and Appeal Board. Opposition should be filled in the prescribed time limit of 3 months from the date on which the trademark application was published for opposition except some cases like if request for an extension of time to oppose is filed with the Board. Details of the trademark opposition party including name and address. The grounds for trademark opposition should be there as well.

Grounds of Trademark opposition:

• The Trademark resembles or identical with any existing registered trademark.
• The Trademark is descriptive in nature.
• The trademark registration application is made with bad and wrong intentions.
• The trademark can create confusions in the public.
• The trademark is restricted or prevented by the law.
• Emblem and Names Act, 1950 prohibited the trademark.
• The trademark contains substance that might hurt religious beliefs of any class or section of people.

Document Required

Documents Required for Trademark Opposition:

• All necessary authorized documents.
• All the evidences to support the Counter statement/ Notice of Opposition.