Difference between Trademark Objection and Trademark Opposition

By GSTBazaar - 10th November 2017

Difference between Trademark Objection and Trademark Opposition

The trademark is a unique slogan, logo, symbol, color combination, smell that is associated with the product or service to uniquely identify its source. Every trademark applied by the applicant is examined by the department and then published in the journal in order to ensure that the registration of the trademark does not violate the interest of any person.

A trademark does not get registered when an opposition or an objection arises on it. One of the basic difference between the two is that trademark objection is raised by the examiner after the proper examination of the trademark application whereas trademark opposition is raised by any third party. Third party in this case is any person in the public who has an objection towards the registration if applied trademark get registered.

Trademark objection

An application filed for trademark registration is scrutinized by the examiner to check the correctness of the application filed. The trademark application filed may be objected by the examiner in case lack of distinctiveness or some similarity with pending or registered marks. Also trademark is objected due to miscellaneous reasons like international non-proprietary names, geographical names, offensive or obscene words as a part of or as a trademark etc.

Trademark opposition

After the scrutiny of the application filed by the examiner and when he finds that it qualifies for registration, your trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your Trademark. An opposition can be filed by the third party due to the reasons like the trademark applied is similar or identical to an earlier or existing registered trademark, it is devoid of distinctive character, the mark is descriptive in nature and application for the trademark is made with bad faith etc.

Main distinction between Trademark Objection and Trademark Opposition

 

Basis

Trademark Objection

Trademark Opposition

 

Meaning

Trademark objection is raised by the examiner when the application for trademark registration filed fails to comply with provisions of section 9 for absolute grounds and provisions of section 11 for relative grounds.

The trademark opposition is basically an objection raised by the third party on the trademark registration application filed.

Reasons

Objection may be raised by the examiner due to the reasons like vague specifications of goods and services, the incorrect form used, the existence of similar trademarks or lack of distinctive character etc.

Opposition on trademark might be raised due to the reasons like trademark filed will create confusion in the masses, application for trademark has been filed in bad faith, trademark applied is identical to an existing trademark etc.

Submission of Fees

No government fee is involved in filing the reply to government objection.

The reply to the opposition shall be filed along with the fees 2700 for e-filing of notice of opposition.

Time limit to respond

The reply to the objection raised by the examiner shall be filed within 30 days of receiving an objection.

The reply to the opposition raised shall be filed within 2 months from the date of receiving the copy of the notice.

 

Appeal

Appeal lies against the rejection of trademark.

Appeal lies against the judgment.

 

Acceptance

After the acceptance of the reply filed for objection the trademark is published in journal and opposition are invited.

After the acceptance of the reply filed for trademark opposition a date of hearing is communicated to the applicant.

The result of no response

The application for trademark registration will be abandoned.

The application of trademark registration will be removed.

 

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