Trademark Opposition Process in India

Introduction:

When a company or businesses register for their trademark in the registrar’s office. Once the registry office accepts the trademark application, it undergoes an important step- publication of that application in a trademark journal for 4 months. During this whole time, any general individual raises opposition against the trademark. This step is extremely important in determining. Whether the trademark application can proceed toward registration or whether objections need to resolve. 

Trademark Opposition:

Under the Trademark Act 1999, any person or company register their trademark in India. To proceed, trademark owners have to submit their trademark to the relevant trademark office. After that, the trademark registrar reviews the application and if all the necessary requirements are fulfilled, then they publish the trademark application in the official trademark journal.

Once it is listed in the journal, any company, third party, and any individual can raise an opposition against the trademark. The opposition is filed in the same trademark registry office where the application was filed. If any opposition raises after the trademark is listed in the journal, then the Trademark Registry office will schedule a hearing to resolve the issue of both parties.

Initiation of Trademark Opposition: 

• According to the Trademark Act Section 21, 1999, any person is eligible to file an opposition whether it is any trusts, companies and any other person.
• The person who files the opposition must already register trademark owner.
• After an opposition is filed, the trademark registered owner and the opposing parties must come to a conclusion as to whether the trademark should be abandoned and registered.
• Anyone who believes that a trademark may create confusion in public can raise opposition, while defending of trademark only lies in the registrar’s hands.

Grounds of Trademark Opposition:

• The trademark is identical and bears similarity to the existing registered trademark.
• Trademarks are descriptive. 
• Trademark does not have distinctiveness.
• Register tm application is invented with bad intentions.
• The trademark creates confusion and misleading impression among the public. 
• The matter of the subject of the trademark hurts the feelings of any class and religion.
• The trademark is unacceptable and suspended under the Emblems and Names Act, of 1950.

Documents Required for Trademark Opposition:

• Details of Applicant of registering a trademark 
• Power of Attorney
• Trademark examination report
• Affidavit
• Details about the Opposed mark

Procedure of Trademark Opposition:

Initiation of the opposing process- the opposition party initiates the opposition process by filing an opposition file against the registered trademark file in the relevant trademark office with grounds of opposition and supporting evidence.

Response – After the opposition is file, the registered applicant has the opportunity to respond to the opposition with the claims and supporting evidence of the registration of the trademark.

Exchanging evidence – both parties have the opportunity to gather the relevant supporting evidence of their respective actions. And exchange the evidence to prove themselves.

Hearing – After that, if the opposition is not resolve with a settlement, the trademark journal office decides to schedule a hearing, during the hearing, both parties submit their evidence to the trademark office.

Decision – after considering the evidence of both parties and listening to their views, the trademark office decides to reject & accept the opposition file.

Reasons for trademark opposition in India:

Similarity with existing registered trademark – 

Descriptive and generic terms – Trademark that describes their goods and services and uses common characters and generic terms, define their lack of distinctiveness, are not generally registrable and may face opposition. 

Offensive trademark – a trademark that contains offensive content and might offend any religious feelings of any particular class, is not registrable. 

Bad faith applications – Trademark applications that are invent in bad faith may opposed, Such as applications invent to prevent the use by another party of a known trademark.

Geographical indications- A trademark that defines fake geographical origins of goods and services is combat.

Legal prohibitions – Trademarks that are prohibit by law, including trademarks that are misleading, offensive and contrary to the public, are not registrable and may face opposition.

Well-known trademark – If the trademark is identical to a known register trademark, then to protect the legal right of a known trademark owner, that trademark can objected to. 

Application errors – trademarks are not registrable that have misleading & fake documents, incomplete information about the brand, and technical errors.

Improper use of national symbols – if a trademark uses national symbols, flags, and emblems without proper authorisation, then this type of trademark is not registrable.   

Non-unique designs – a trademark that consists of common shapes and symbols might face opposition and are not registrable.

Significance of TM Opposition

The trademark opposition process in India makes sure that only eligible trademark is a manifest register trademark. This facilitates public participation and prevents disputed trademarks from accompanying the market. Timely adherence to deadlines and filing necessary requirements is essential for effective case presentation.

If you are facing trademark opposition and are considering opposing a trademark, seek consultation for expert guidance and assistance throughout the process.

Conclusion

The trademark journal allows anyone to raise an opposition against any trademark. After the opposition filing and hearing the trademark registrar decides to abandon & register the trademark. If the registrar approves the register trademark file then the register certificate is issue. If not then the trademark registration file is reject.

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