​​Trademark opposition in India

To prevent the registration of a trademark that has been advertised in the journal by the trademark registry, an opposition must be filed. It is a technique to protect your trademark from being misused by others or to stop someone from trying to take advantage of your innovation or efforts without your permission.

For this, the Trade and Merchandise Marks Act, 1958, was enacted by the government, which was abolished by the Trademark Act, 1999, in the 51st year of the Republic of India.

An opposition to the registration of a trademark is a formal challenge to that registration. A trademark opposition is launched by filing a notice of objection with the Trademark Trial and Appeal Board and paying the appropriate fee. A trademark opposition notice must be sent to the Board within three months of the date the trademark application was published for opposition, unless the Board is asked for more time.

To oppose a trademark, the opponent must state their position on one or more of the available grounds for doing so. To illustrate, say you're interested in learning the process for objecting to a trademark application. In such a circumstance, someone with previous rights in an identical or confusingly similar trademark could file a trademark opposition. Nonetheless, there are a variety of different trademark opposition grounds that can be used to contest trademark applications.

The opposer  may claim that the Trademark is merely descriptive, deliberately descriptive, generic, functional, or threatens the distinctiveness of the opposer's well-known Trademark, among other possible grounds for opposition. The party filing the opposition must demonstrate both that it has standing to oppose the application and that it has alleged a valid reason for disagreement. As such, the notice of opposition must include allegations that the opposer  has a "direct and personal stake" in the outcome of the action and that registration of the Trademark could hurt the opposer.

What are the various grounds for opposing a trademark in India?

An opposition to a trademark registration submitted by a third party during the period in which the trademark is published in the journal is known as a "Trademark Opposition." An aggrieved party may file an objection notice to the registration of a trademark if they can show that the trademark is encroaching on their rights in one of the following ways.

 Copied Trademarks: The mark that shares too many similarities with an existing trademark to be legally differentiated.

 Descriptive Trademarks: In India, trademarks that are too clear about what the product is or how it works could be challenged.

 Deceptive Trademarks: Trademarks that look too similar to an already established brand are thought to mislead consumers. It is possible to take legal action against trademarks that mislead consumers.

 The Prohibited Trademarks: These trademarks include any name or device for a brand that violates the Emblem and Names Act of 1950.

 Common Trademarks: Words and phrases that are part of ordinary language are considered common trademarks. A third party may object to the use of such marks.

 Hurtful Trademarks: Offensive trademarks include those that may cause harm to the feelings of a specific group.

Are trademark objections the same as trademark opposition?

The difference between trademark objection and trademark opposition is a common point of confusion for people who monitor the legitimacy of brand names. There are several distinctions between these labels, and they are as follows:

Trademark Opposition

 A trademark opposition notification is issued by an independent party.

 There are fees associated with submitting a notice of objection for a trademark.

 During the four months following the publication of the trademark, a trademark opposition was filed.

 Trademark opposition is not a need for registration; rather, it is an impediment.

 Following the decision, both the opponent and the aspirant may file an appeal for a re-hearing.

Trademark Objection

 The Trademark Registrar is the person who files trademark objections.

 When delivering the trademark objection notification, the registrar pays no fee.

 The deadline for submitting a Notice of Trademark Objection is one month after the trademark application was submitted.

 Based on historical data, trademark oppositions are an inevitable part of the process.

 The applicant has the option of appealing the decision to the relevant trademark appellate authority.

 Clearly, there is a wide range of potential difficulties associated with opposing a trademark or being subjected to resistance.

Delivering the trademark opposition notice might be a complicated process.

Existing trademark laws can present the following challenges when filing a notice of opposition:

 Providing all the details to support your opposition case: The person whose trademark you are challenging must get a notice that is both informative and persuasive. No matter how small, it should include anything that will help you win the case.

 The delay in receiving a reply: A trademark objection notice must be filed and a response to the opposition notice received within three months. But the longer you dither, the more time your opponent has to think of the ideal trademark opposing response.

 The legal complications are too many: Defending your trademark against opponents is a complicated legal process. When competing against a well-known Indian brand, you'll find that these problems are compounded.

Challenges you'll encounter if your trademark is challenged

An issue arises when you are faced with a trademark opposition notice. The following problems, however, are inevitable once the proceedings are initiated according to the Trademark Opposition rules:

 Delivering all the details in the counter statement: With a counterclaim for trademark opposition in India, you can challenge your rival's trademark claims. In any case, since the fate of your company's name is at stake, you should spare no effort in providing a comprehensive reply statement in trademark opposition format.

 Limited time to deliver the counter: There is a short time frame in which to respond to a notice of trademark opposition. Because of this, you need to give serious thought to the amount of time you spend writing the document that can help you counter your opponent. During the initial four months after a Trademark is announced, interested parties may file an opposition to the registration of the Trademark. If you miss your opportunity to challenge the brand, you will be out of luck forever.

 Evidence should be abundant: You can't afford to be careless with the evidence you present in opposition proceedings against a trademark. Obtaining a favorable ruling from the trademark opposition board requires compiling all of the necessary documentation for the procedure.

As you can see, you need the assistance of trademark registration professionals whether you are the one commencing the trademark opposition process or the one fighting against it.

We at Certpedia are here to help. Throughout our careers, we've dealt with a wide variety of trademark opposition matters in India. Our trademark opposition service providers are experienced and committed to helping you succeed, and the unique qualities of your trademarks will give you an edge in court.

​​Eligibility Criteria for Trademark Opposition

When beginning the trademark opposition process in India, there are two sets of eligibility criteria to remember: those for the opponent and those for the aspirant. If you want your trademark registration application to go through, you'll need to be prepared to face trademark opposition.

You need a strong argument to challenge a trademark registration in India, where many well-known brands already exist. Possible opponents to the trademark registration application include the following:

• Any individual, company, trust, society, LLPs, or partnership firms.

• Two people with the same objection to trademark registration. They can either file a joint opposition notice or file separate opposition notices.

• Previous owners of the brand

• The current owner of the disputed trademark.

​​Required Documents for Trademark Opposition

The following documents are required for trademark opposition:

 Authorization Documents: The authorization documents in this case can refer to the Trademark opposition form 5 or the application or a counter statement trademark opposition sample in India, all of which are available in PDF.

 Evidence in Support of Notice of Opposition/Counter statement: The evidence you must present must be comprehensive. You must offer every evidence, no of how trivial it appears. During trademark opposition proceedings, even a grain of information can be reliable.

Simply put, the documents you require as an opponent are as follows:

• An opposition letter to a trademark application

• Evidence to back up your claim

The documents you require as the trademark registration applicant:

• Counter statement in a reliable format

• Evidence to support your case

The documents you require as the trademark registration applicant:

• Counter statement in a reliable format

• Evidence to support your case

​​Trademark Opposition Process

In India, the basic trademark opposition process is as follows.

• Get opposition notice

• Keep the documents and proof in a safe place.

• Begin the trademark opposition counter-processing.

Detailed information on the trademark opposition process is provided below.

 Filing of the trademark opposition notice: During the applicant's months of brand promotion, the aggrieved party first completes and submits the trademark opposition notice. This file is based on the Indian trademark opposition sample normally used in that country.

 Filing of the counter statement: The applicant has two months from the date of notice receipt to submit a rebuttal. If no response is filed, the trademark application will be deemed abandoned.

 Assessment of the statements: Trademark authorities will evaluate both claims and may request supporting documentation.

 Filing of trademark opposition evidence: In order to back up their claim that the Trademark registration should be opposed, the opponent will provide trademark opposition proof. It is to be finished no later than two months after the applicant's counter statement is received. In the absence of such evidence throughout that time, the trademark application will be considered acceptable.

 Filing of counter statement evidence: The applicant has two months after obtaining the trademark opposition material to submit their own proof in favor of trademark registration. If the applicant does not do so, the application will be discarded.

Following receipt of evidence from both parties, the trademark opposition authority will hold a hearing to resolve the case. It will listen to both sides of the case and then make a binding ruling.

 hearing: The trademark opposition authority will hold a hearing after obtaining evidence from both parties. It will listen to both sides of the case and then make a binding ruling.

​​Our Support in Filing the Trademark Opposition

Certpedia offers complete Trademark Opposition solutions. Among our services are:

• Information gathering and the commencement of the procedure

• Developing the application

• Examining the draft and making adjustments as needed

• We will represent you in trademark opposition.

Certpedia is a legal consultancy organization that offers full Trademark Opposition services. If you want us to represent you in a trademark dispute, please contact us right away.