Trademark opposition
“Is Another Trademark Threatening Yours? It’s Time to Act.”
Trademark Opposition ?
In simple terms, Trademark Opposition is a legal challenge that allows any member of the public to object to the registration of a particular trademark after it has been examined and approved by the Trademark Registrar, but before the final registration certificate is issued.
Key Points about Trademark Opposition ?
Who Can File an Opposition?
Any person, business, or entity who believes that the registration of the mark would harm their existing rights can file an opposition.
It is not necessary to be a registered trademark owner; even unregistered users with prior rights can oppose.
Time Limit
Opposition must be filed within 4 months from the date of publication of the trademark in the journal.
Grounds for Opposition
Similarity with an existing registered/unregistered mark.
Trademark is descriptive or lacks distinctiveness.
Use of misleading, offensive, or prohibited words.
Application filed in bad faith or with dishonest intention.
Process of Opposition
Notice of Opposition: Filed by the opponent.
Counter-Statement: Filed by the applicant in reply within 2 months.
Evidence Stage: Both parties submit supporting documents and affidavits.
Hearing: Conducted by the Registrar to hear arguments.
Decision: Registrar decides whether the trademark will be registered or rejected.
Documents Required
Notice of Opposition (TM-O Form)
Proof of prior use of trademark (invoices, advertisements, website, etc.)
Supporting documents for legal grounds of opposition
Outcome of Opposition
If the opposition succeeds → The application is rejected.
If the opposition fails → The trademark proceeds for registration.
Importance of Opposition
Prevents brand confusion in the market.
Protects businesses against misuse or dilution of their goodwill.
Ensures that only unique and lawful marks get registered.