Trademark Opposition
In India, the trademark objection step is significant during the process of registering a trademark. At this point, the officer carefully checks your chosen brand name to ensure it meets all the rules. If there are any problems or issues, they will let you know. It's essential to fix these issues to ensure your brand name gets registered without problems. This ensures your brand name follows the trademark law and isn't too similar to other brand names. With help from IndiaFilings, dealing with these issues is easier, helping you get your trademark registered smoothly.
Trademark Opposition
Under the Trademarks Act of 1999, trademarks can be registered in India. To do this, trademark owners must submit their application to the Registrar of Trademarks. Once the Registrar reviews the application, they will publicize the trademark in the official trademark journal. Any individual can challenge the registration of a trademark once it's listed in the Trademark Journal. Such challenges or oppositions should be directed to the Trademark Registry, where the original application was made. Should any opposition arise, the trademark registry will hold a hearing to resolve the issue.
The procedures and guidelines for trademark opposition are outlined in the Trademarks Act, 1999 and the Trade Marks Rules, 2017.*
Initiation of Trademark Opposition -Eligibility
- According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest.
- A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.
- After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered.
- Anyone who believes that the published mark might create confusion among the public can file for the Opposition while defending the trademark lies in the trademark registrant's hands.