Updated on September 27, 2024 12:53:58 PM
Trademark opposition or Trademark opposed is an “opposition” raised by a third party against the Trademark application within four months from the date of advertisement in the Trademark Journal.
Any person can raise a Trademark Opposition after publishing in the Trademark Journal for various reasons. The reason possibly could be regarding proprietorship of the Trademark, pre-existence of the Trademark, being descriptive in nature, or could be anything specified under the Trade Marks Act of 1999.
Trademark Opposition Sample
Some of you might think how getting opposed or opposing something is beneficial for you. How could this process of publication in Trademark Journal for trademark registration benefit us? Let us answer your queries about this.
As per Section 21 in The Trade Marks Act, 1999, “Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on an application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar, of opposition to the registration.”
In simple terms, anyone may file opposition for the trademark if they find that trademark in anyhow manner similar to their trademark or believes that the trademark should not be registered on any other valid legal ground. If more than one person has the same issue against the particular trademark, they can collectively take part against that particular trademark registration. For example, if someone applies for trademarking the word “DELHI”, a collective opposition could be raised against the trademark registration from various individuals, groups, societies, etc.
Anyone can file opposition against a trademark, but they should know the grounds on which trademark opposition can be raised. There are several grounds on which trademark Opposition can be filed:
Some people get confused between the two terms: ' Raising a trademark opposition' and 'counter-statement for trademark opposition,' and consider them one thing. But in reality, both the terms are different and require different sets of actions in legal terms.
Raising Opposition for Trademark means you want to file an opposition against the trademark published in the journal, whereas
Counter-Statement for Trademark opposition means that a third party has raised opposition against the trademark you are trying to register. Now you have to respond to the registrar with a pointwise reply in support of your trademark's authenticity.
But one thing that is common in both of them is that you require proper paperwork and a good understanding of legal terminology to file any of them.
It is advisable to seek help of legal experts for drafting and filing Trademark Opposition or Counter-statement. Our legal experts at Professional Utilities can help you raise or reply to Trademark Opposition.
| For Reply to Trademark Opposition | For Raising Trademark Opposition | |
| Details of applicant | Name, address, the nationality of the applicant. Body corporate/others need to provide the following details along with the registration certificate. | Name, address, the nationality of the applicant. Body corporate/others need to provide the following details along with the registration certificate. |
| Power of attorney | It allows the attorney to take any action on behalf of an applicant. | It allows the attorney to take any action on behalf of an applicant. |
| Affidavit | - | Affidavit contains the basic information about the trademark and its user. |
| Details of the opposed mark | - | Details should be provided against which the opposition is to be filed. It must explain the name and basic grounds for filing an opposition. |
| Verification of drafting of trademark opposition has to be made by the applicant. | ||
Raising an opposition against a trademark requires a notice of trademark opposition filed by any individual/company within 4 months of the date of advertisement or re-advertisement of the trademark in the Trademark Journal. A Form TM-O is required to be filled in a prescribed manner along with the application charges of Rs. 2,700/-. The trademark opposition notice must contain the following details:
Filing a counter-statement means that someone has already raised opposition against the trademark, and now you have to reply to them legally. The registrar had sent you the notice of trademark opposition.
It is important to know that this will only prevent the applicant of the trademark from registering the Trademark. However, in order to prevent the applicant from using the trademark, a case of infringement is to be filed in an appropriate court of law.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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You can fight a trademark opposition by filing well drafted point-wise counter-statement, evidence and hearing in the court.
Within the time period of 4 months from the date of publication of the trademark in Trademark journal, you can file an opposition.
An affidavit along with some of your personal details is required to file a notice of trademark opposition.Trademark Form TM-O is required to be filed for Trademark opposition.
Opposition period for the trademark is 4 months from the date of advertisement in the Trademark Journal.
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