Trademark Opposition means an objection filed by the third parties against the registration of a trademark within 4 months from the date of the trademark advertisement to be opposed. Any person, natural or legal, can file an opposition.
This can be any person, organisation, partnership firm and trust. The person filing the opposition need not have any viable interest in the matter or a prior registered trademark in the Registry.
Trademarks can be opposed once published in the Trademarks Journal within four months from the date the mark was advertised or re-advertised.
Section 21 of the Trade Marks Act, 1999, states that any person can oppose the registration of a mark published in the journal by filing a notice of opposition with the Registry in the prescribed manner and with the requisite fee.
The Act provides that any person can file a notice of opposition trademark against the Trademark, and the opponent isn’t needed to have an application. Registration in India to oppose any trademark within trademark opposition period.
Issue of Notice of Opposition in Form TM-O. It must be submitted to the Registrar of Trademark within 4 months from the date of publication of advertisement in the Trademark Journal in which the application for registration of the Trademark was advertised or re-advertised.
A notice of opposition shall contain :
As per Rule 42 of Trade Marks Rules, 2017, anyone interested in opposing the trademark registration has to issue a Notice of Opposition within 4 months from the date the advertisement was published in the trademark journal. On receipt of the notice, Registrar shall serve the copy to the applicants within 3 months of receipt.
As per Rule 44 of Trade Marks Rules, 2017, the trademark applicant is required to send a counter-statement in form TM-O within 2 months from the receipt by the applicant of the copy of the notice of opposition from the Registrar and shall set out what facts, if any, assumed in the notice of opposition, are admitted by the applicant. A copy of the counter statement shall be served by the Registrar to the opponent within 2 months from the date of receipt. If the applicant fails to file the counter statement within the prescribed time, the application will be deemed abandoned.
As per Rule 45 of Trade Marks Rules, 2017, within two months from service of a copy of the counter-statement, the opponent shall either leave with the Registrar, evidence by way of the affidavit as he may desire to present in support of his opposition or shall intimate to the Registrar and the applicant in writing that he does not desire to present evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence, including exhibits if any, that he leaves with the Registrar and intimate the Registrar in writing of such. If an opponent takes no action within the time prescribed, he shall be deemed to have abandoned his opposition.
As per Rule 46 of Trade Marks Rules, 2017, the trademark applicant is also required to provide evidence in support of the application to the Registrar within 2 months from receipt of evidence/ intimation filed by the opponent. If the applicant does not desire to present any evidence supporting the application but intends to rely on the facts stated in the counter-statement, he shall intimate the Registrar and the opponent in writing; otherwise, the application shall be deemed to be abandoned.
As per Rule 47 of Trade Marks Rules, 2017, within one month from the receipt by the opponent of the copies of the applicant’s affidavit, the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies of the same and shall intimate the Registrar in writing of such delivery.
After evidence from both parties, Registrar shall give notice to the parties for the first hearing date. The Trademark Hearing date shall be for at least one month from the date of the first notice. The Registrar will give equal opportunity of being heard to both parties. Any parties may request an adjournment of the hearing for a reasonable cause in form TM-M at least 3 days before the hearing date along with the prescribed fee.
The parties can request a maximum of two adjournments of the hearing, and the duration of each adjournment shall not be more than 30 days.
By making an application in form TM-M, any party can apply for an adjournment of the hearing along with the payment of prescribed fees. And if the Registrar finds the application satisfactory, he shall postpone the hearing to the next available date.
The Registrar shall consider the written arguments submitted by the parties to the proceeding. After hearing both the parties, the decision of the Registrar will be communicated to the parties in writing. Suppose the applicant or opponent is not present at the time mentioned in the notice or at the adjourned hearing. In that case, the application or opposition may be treated as abandoned, and Registrar will proceed accordingly.
When opposition to the Trademark has been submitted to the Trademark Registrar, The Registrar will send a copy of the opposing notice of Trademark to the trademark owner. Within two months after receipt of the notice opposing trademarks, the trademark applicant has to make a counter statement.
Between 4 and 6 weeks after approval for publication, your trademark application will be released within 30 days for the opposition. At this time, any person seeking to oppose the trademark registration is.
The Trademark may confuse people as well as cause confusion. The mark is not following the law or is prohibited by the law. The Trademark is not permitted by the Emblem and Names Act of 1950. The Trademark includes matters that could hurt the religious sentiments of any group or segment of the population.
Within 30 days of the publication date, any person who believes that their business could be hurt by us registering your Trademark is entitled to make an opposition (or "opposition").
The trademark opposition process can be settled in one of two ways to resolve the issue: Retracting any trademark applications. A solid argument to prevail in the trademark opposition. Resolving the Trademark infringement.
Trademark Opposition & Opposition Procedure in India
Trademark Opposition Period: The Act stipulates that anyone can file a notice of objection to the mark within four months following the date that the Trademark is advertised or re-advertised within the Trade Marks Journal.