Trademark Opposition

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A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may file an opposition with the Registry.

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Eligibility criteria

● As a trademark registration aspirant, In order to be eligible to up against trademark opposition, you need to have all the evidence to back up your case.
● If you oppose a registered trademark, you must have a case sturdy enough to deal with existing brand names in India. Following are the entities that can become opponents to the trademark registration request:
1. Any person, company, individual, trust, society, LLPs, and partnership firms.
2. Two persons with the same issue against trademark registration. They can either jointly oppose the Trademark or draft their separate opposition notices.
3. Previous users of the brand name.
4. The current proprietor of the Trademark in question.
Trademark Opposition Period: The Act specifies that any individual can file the notice of opposition within a prescribed period of four months against the trademark from the date since which the mark was given for advertisement or re-advertised in the Trade Marks Journal.

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    Know more about it...

    A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee.

    To fight trademark opposition, you need to fill out a counter-statement along with the evidence to support your registration.

    To file a trademark opposition, you need to fill out a notice of trademark opposition to the IP authorities along with requisite fees for the same.

    There is no direct way to deal with trademark opposition in India. That being said, you can make sure that:

    1.     Your trademark is unique
    2.     Your application is without any issues
    3.     And, you have ample evidence to support your claim to your brand name

    Trademark opposition can be settled by either the following ways:

    1.     Retracting your trademark application
    2.     Having a good evidence to win the trademark opposition case
    3.     Making rectification to the trademark

    Yes, a power of attorney must be filed while filing the notice of trademark opposition.

    The trademark opposition period is same as the time the trademark is advertised in the journal.