Overview of Trademark Opposition
The Trademarks Act, 1999, As per Section 21 of the Trademark Act, 1999, ‘any person’ can file for notice of Opposition for Trademark. provides for the registration of a trademark in India. The owner of the trademark has to apply to the Registrar of Trademarks (‘Registrar’) for obtaining the trademark registration. Upon receiving the application for registration, the Registrar will advertise the trademark in the trademark journal.
Any person can file an opposition for registration of the trademark published in the Trademark Journal. The opposition is to be filed to the Registry of Trademarks, where the trademark registration application is filed. When the trademark registry receives any kind of opposition to the trademark, it will conduct a hearing to decide the matter.
The Trademark Act, 1999 and the Trade Marks Rules, 2017 provides the process of trademark opposition.
Eligibility criteria for Trademark Opposition in India
- The trademark is identical or similar to an already existing registered trademark.
- The trademark is descriptive in nature.
- The trademark is devoid of distinctive character.
- The trademark is customary in the present language or the established practices of business.
- The application for trademark registration is made with bad faith.
- The mark is prevented by law or contrary to the law.
- The trademark is likely to cause confusion or deceive the public.
- The trademark contains matters likely to hurt the religious feelings of any section or class of people.
- The trademark is prohibite as per the Emblem and Names Act, 1950.
Documents required to obtain a Trademark Opposition
The different types of Evidences/Documents which need to be file by the opponent and applicant of the Trademark are as follows:
Evidence in Support of Opposition
Under Rule 45 of the Trademark Rules, 2017, the opponent has to provide for evidences in support of the Opposition in the form of an affidavit. The evidences in support of Opposition should be file within 2 months from the date of receipt of the counter statement.
The opponent can also choose to waive the filing of an affidavit under Rule 45 of Trademark rules, 2017, if the opponent solely wants to rely on the facts which are state in the Opposition notice. The opponent has to inform the other party and officials of the Trademark Registry of such waiver, otherwise the notice of Opposition will be treat as abandoned.
Evidence in Support of Application
The applicant of the TM Registration is require to provide evidence in support of the application for Registration of TM. The evidences in support of the application are files as per Rule 46 of the Trademark Rules, 2017. Must be file within 2 months of receipt of proof/intimation of waiver from the opponent.
Evidence in Reply
Rule 47 of the TM, 2017. Again gives the option to the opponent to adduce further evidence in support of his opposition. Such evidence should be present under Rule 46 of TM Rules, 2017 within 1 month from receipt of evidence. To draw certain conclusions in the adversary proceedings. In order to reject the evidence adduced by the applicant and to stay the case. This provision of reply is provided.
FAQs About Trademark Opposition?
Disclaimer: The content provided here is for informational purposes only. Your access to or use of the Site or Content does not create an attorney-client relationship. The information provided on this website is not legal or professional advice and should not be relied upon for such purposes or as a substitute for legal advice from a licensed attorney in your state. For more information and tailored information, please feel free to contact us.
