Trademark Opposition in India occurs once the registrant has approved the trademark application based on the distinctiveness factor and the trademark has been published in the journal for third-party opposition. The opposition period for a published trademark is three months, which can be extended by one month (3+1), beginning on the date of publication. If there is opposition to the mark, an opposition proceeding is initiated. The parties must then reach an agreement, after which a decision is made. It would be determined whether the mark can be registered or should be abandoned. There is no limitation on the ability to file an opposition. Anyone who believes that the published mark may lead to consumer confusion may register an opposition, while the trademark registrant is responsible for defending the mark.
1. Details of applicant
2. Power of Attorney
4. Details about the opposed mark
Day 1 - 2 Collection
- Discussion and collection of basic Information
- Provide required documents
Day 3 - 7 Execution
- Drafting of Opposition application by Professionals
Day 8 - 9 Submission
- Filing of online TM-O application
By filing a notice of opposition, any individual who believes that the registration of a certain mark will harm his or her brand name or the reputation of his or her company in any manner may oppose the registration.
The deadline for filing a notice of opposition is three months, extendable by one month, beginning on the date the trademark was published in the Trade Marks Journal. If the notice of opposition is submitted after three months but before the expiration of four months, it must be accompanied by a request for a one-month extension, explaining the reasons for the delay.
Anyone can file a Trademark Opposition in India. Oppositions are typically filed by the proprietor of an earlier trademark or a mark for similar goods/services; however, any entity that has the potential to cause confusion or damage to an existing mark can file an opposition, even if its own mark is not registered.
The Registry is authorized for the next step. The registrar serves the opponent with a copy so that they may file a counterclaim. This must be submitted within two months of receiving the opposition notice. If the claim is not submitted, it is presumed abandoned.