Trademark Opposition
Simple Opposition Filing Process
During the trademark registration process, an opposition can be raised by an person for registration of the trademark

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.
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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