Trademark Opposition

Trademark Opposition Process

---

Notice of Opposition (TM-O)

Trademark opposition in India is the process by which a third party can object to the registration of a trademark that has been applied for by another party. Any person or entity can file an opposition within four months of the date of advertisement of the registration application in the trademark journal. The opposition notice must include the application details, opposing party details, and grounds of opposition, and should be filed in Form TM-O along with the payment of fees. The Registrar will serve the copy of the notice of opposition to the applicant within three months of receiving the opposition notice.

Counter Statement or Reply to TM-O

The applicant must file a counterstatement in Form TM-O within two months of receiving the copy of the notice of opposition. If the applicant does not file the counter statement within two months, the Registrar will consider the trademark registration application as abandoned.

Evidence in Support

The opposing party must provide evidence to support their notice of opposition to the Registrar within two months of receiving the counterstatement from the applicant. They must also send copies of this evidence to the applicant.

The applicant must then file their own evidence in support of the trademark registration application within two months of receiving the opposing party’s evidence. The applicant must send copies of this evidence to both the Registrar and the opposing party.

The opposing party may also submit additional evidence within one month of receiving the applicant’s evidence copies. This must be submitted to both the Registrar and the applicant.

Opposition Hearing and Order

Once the Registrar has received all the evidence from both parties and any additional evidence from the opposing party, they will notify both parties of the date of the first hearing. If the opposing party fails to attend the hearing, their opposition will be dismissed and the Registrar will proceed to register the trademark.

If the applicant is absent from the hearing, the application will be considered abandoned and dismissed. The Registrar will review any written arguments submitted by both parties before making a decision.

After considering all the evidence and arguments, the Registrar will decide whether to register the trademark or reject the application. This decision will be communicated to both parties in writing, to the address provided by them.

Benefits Of Trademark Opposition

---

• Protects existing trademarks: It allows parties with existing trademarks to prevent the registration of confusingly similar marks that may cause confusion or dilute their brand.
• Protects consumers: It helps to prevent consumer confusion by ensuring that similar trademarks are not registered for similar goods or services.
• Protects business reputation: By opposing the registration of a similar trademark, a business can protect its reputation and prevent damage to its brand.
• Provides a legal remedy: It offers a legal remedy for parties who believe their rights are being infringed upon by the registration of a confusingly similar trademark.
• Maintains Trademark Register’s integrity: It ensures that the Trademark Register is not cluttered with similar trademarks and maintains its integrity.
• Provides a cost-effective solution: It can be a cost-effective solution for parties who wish to prevent the registration of a confusingly similar trademark without the need for expensive litigation.
• Helps to enforce trademark rights: It serves as an effective tool for enforcing trademark rights and protecting the interests of trademark holders.

Trademark Objection Vs Trademark Opposition

---

A trademark objection and a trademark opposition are two different stages in the process of registering a trademark.

A trademark objection is raised by the Indian Trademark Office during the examination of a trademark application. This can occur if the proposed trademark is similar or identical to an existing registered trademark, or if it is considered to be offensive or misleading or some clerical mistakes made during application filing. The applicant has a chance to overcome the objection by filing a Reply to Examination Report and evidence to support their case or a show cause hearing may be fixed online and offline.

A trademark opposition, on the other hand, is filed by a third party who believes that a trademark registration should not be granted. This usually happens after the Trademark Office has accepted the trademark application and advertised it for opposition. The opposition can be filed within a period of 4 months from the date of advertisement. The opponent has to provide evidence to support their opposition.

In summary, a trademark objection is raised by the Trademark office during the examination of the application, while a trademark opposition is filed by a third party after the acceptance of the application and advertisement of the same.

Why us

---

Choosing Advisource for your trademark Opposition is a smart choice for several reasons. First, our team of experienced trademark attorneys have a deep understanding of Indian trademark laws and regulations and are well-versed in the process of trademark opposition. We can guide you through the process and provide strategic advice on how to file your trademark opposition stage wise documents in a timely and efficient manner.

We take care of all the necessary paperwork and ensure a smooth process when interacting with government officials. Our assistance also includes providing clear information on the ongoing process to ensure that expectations are realistic and met.