Trademark Opposition

Simple Opposition Filing Process

During the trademark registration process, an opposition can be raised by an person for registration of the trademark

  • Follow Quick Process
  • Experts at CA Filings are here to help
  • Your Trademark Opposition Application is ready

Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the market.

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What is Trademark Opposition?

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.

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₹ 5700/-
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₹ 6200/-
18% GST & 2.30% payment gateway charges additional
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₹ 8200/-
18% GST & 2.30% payment gateway charges additional

Documents Required for Trademark Opposition

  • Details of applicant
  • Power of Attorney
  • Affidavit
  • Details about the opposed mark

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Grounds for Applying for Opposition

Similarity

If the trademark is similar or identical to an earlier or existing registered trademark.

Distinct

If the mark is devoid of any distinctive character or is descriptive.

Confusion

The trademark is likely to deceive the public or cause confusion.

Language

If the mark is customary in the current language, or it is in the established practices of business.

Contrary to the law

If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950

Religious sentiments

The mark contains matters that are likely to hurt religious sentiments of any class or section of people.

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