Trademark Opposition is the process of making a brutal objection to the Registered Trademark on any solid and justifiable grounds at Domestic or International levels. Such kind of Trademark opposition is usually raised by the owners of the Registered Trademarks in either the same or other fields. This is the right to oppose his or her Registered Trademark is granted to the owners in all kinds of economic fields by the concerned Trademark authorities in the national and international jurisdictions.
There are mainly two reasons behind the owner of the Trademark will oppose like;
- The person thinks that the accepted application of the Trademark is too similar to their own.
- Buy a Registered Trademark and another party is attempting to remove their Trademark.
A notice is filed against the person who is using the Registered Trademark by the real owner of the Trademark. This notice of opposition is similar to the complaint in federal or state court which contains a caption of the parties involved followed by numbered paragraphs which state the factual background, the grounds for opposition, and the request for relief. The third-party has to file the Trademark opposition within 3 months from the date of the publication of the Trademark. The opposition notice should be filed at the Trademark registry where the application for the conflicting mark has been filed. For instance, if the application is filed at the Mumbai office of the Trade Mark Registry, then the proceedings of the opposition must initiate in Mumbai only.
Elements of the Trademark Opposition Filing
A Trademark Opposition notice must have following four elements like;
- Trademark Application details against which opposition is entered.
- Earlier Trademark or right details on which the opposition is based.
- Opposing Party Details.
- Different grounds on which the opposition is based.
Grounds for Filing in India
These are various grounds on the basis of which a person may start Opposition Proceedings are:
- When the Trademark is similar to the existing Trademark.
- Trademark is vacant of a different character.
- Trademark is descriptive in nature.
- When the application of the Trademark is made with bad faith.
- When the Trademark is customary in the current language.
- When the Trademark betray the public.
- Trademark is contrary to the law or is prevented by the law.
- The Trademark is prohibited under the Emblem and Names Act, 1950.
- If the Trademark contains anything which are likely to hurt the religious feelings of any class or section of people.
Procedure of Trademark Opposition in India
These are following steps which come under this procedure like;
- Notice of Opposition
- Evidence in Support of Opposition
- Evidence in Support of Application
- Evidence in Reply
- Registration or Rejection
Thus, Trademark Opposition is an effective remedy available for the Registered proprietor of the Trademark who initiates an appropriate proceeding at the right time.Tradenfill is here to help you if you filed a notice against another party who are using your Registered Trademark then you can contact us through our mail at email@example.com and can call us at +91-9654 533433. And, the time of contact is from 9.30 AM to 6.00 PM