The opposition is basically an objection raised by the third part on the trademark registration application filed. After the examiner approves the application and publishes it in trademark journal any aggrieved party is empowered to file an opposition against it.
Getting a trademark registered is a long procedure containing a lot of formalities. Firstly the trademark registration application is examined by the examiner and if he approves the application the same is published in the trademark journal. The main purpose of the publication in the journal is to invite any kind of opposition from the third party.
Who can file a trademark opposition?
Every individual, company, partnership firm, trust and joint owners can file a trademark opposition.
Time limit for filing trademark opposition
Trademark opposition can be filed within 4 months from the date of publishing the trademark in the journal.
Reasons for filing Trademark opposition-
The various reasons on the basis of which a trademark opposition can be filed are as follows-
• Trademark applied is identical with an existing trademark.
• Trademark applied does not have any distinct character.
• Trademark filed will create confusion in the masses.
• Trademark applied is violating the Law.
• Application for trademark has been filed in bad faith.
• Trademark applied will hurt the religious sentiments of the particular class of society.
Procedure of filing trademark opposition in India
The steps to file a trademark opposition in India are as follows-
Step-1- Notice of opposition
To begin the process of filing an opposition any person can file the notice of opposition against the trademark advertised in the journal within 4 months from the date of advertisement.
Step-2-Filing of counter statement
Within 2 months from receiving an opposition, the applicant of the trademark is required to file a counter statement. In case no counter statement is filed by the applicant of trademark then the trademark will be deemed to be abandoned.
Step-3- Filing of evidence
Both the applicant and the person filing the opposition are required to file evidence in support of their claims made.
Evidence in support of Application
After receiving the opposition the applicant is given a time period of three months for filing any evidence support of the application
Evidence in support of opposition
Upon receiving the counter statement from the applicant the opponent is required to file the evidence in the support of opposition.
Evidence in reply
Further, the third party is empowered to submit evidence in reply of the evidence submitted by the applicant.
After receiving the opposition, counter statement and evidences the registrar my call both the parties for a hearing. Within 14 days of receiving the notice for hearing both the parties are required to respond to the same.
Step-5- Final Step
After hearing both the parties and considering all the relevant facts and evidence the Registrar may either reject the opposition or accepts it. In case the opposition is rejected by the registrar then the trademark will be registered.