All about Trademark Opposition In India

 An objection made by a third party against any trademark registration which is approved by the Trademark Journal and is published in the Trademark Journal is known as trademark opposition. Therefore, Trademark Opposition is an important step that assists companies to stop the use of trademarks in a way that is not intended.

You may submit a request in the form of a Trademark Opposition within a specific time frame. Any business or individual may file a trademark opposition request using the format prescribed as according to the Trademarks Act 1999. Therefore, even if you don't own a trademark registered in India however, you are able to submit a Trademark Opposition to oppose other trademarks. In this article, we'll learn about the trademark oppositions within India.

What is Trademark Opposition?

Trademark Opposition is where someone is opposed to trademark registration. When you go through the entire trademark registration, there's an element where the trademark is listed on The Trademark Journal.

The trademark journal permits people of all ages to submit a notice in opposition to the registered trademark.

The Trademark Registry accepts oppositions from anyone who is a legal or natural person. This includes individuals, companies as well as partnership firms as well as trusts (s).

Important Notification: The person who is registering the opposition does not have to have a financial interest in the instance of an existing trademark registered in the Registry to file an opposition.

Therefore, if you encounter opposition to your trademark and you are facing a trademark opposition, you need to submit a Trademark Response to Objection online or Trademark Hearing depending on the circumstance.

What is the entire procedure for Trademark Opposition?

If you are planning to file to contest trademarks in India then you must follow the steps listed below.

Request an application using Form (TM)-O

The form (TM)-O to challenge the trademark registration online process in India. The application needs to be submitted along with the appropriate fees. Additionally, the applicant has to complete the application within four months after the date of publication in the trade journal.

The application form should include all the information required like the details of the applicant, the Agent of the Applicant and the purpose of Trademark Opposition, the Grounds of Opposition, Details of Counter Statements, etc.

You will receive the Trademark Response to the Objection From Trademark Registration Online The applicant

In this case, you'll need to wait until you receive a Trademark Objection Response from the person you oppose. The opposing Trademark Registration Application is required to file counter-statements within a two-month period. It is the trademark applicant who has to provide their counter-statement at the trademark registry.

If the applicant does not provide a response to the objections within the period of two months the trademark registration application is deemed abandoned.

Appear for Trademark Hearing as an Opposition

The opposition is moved to the evidence stage when the Applicant makes counter-arguments.

Once the process of submitting evidence is completed after the evidence submission process is completed, the registrar issues announcements to each party informing them of the date of the hearing and time, which should take at least a month from the date of the initial notice. Hearings are conducted upon the notice of the opposing party or counter-statement, as well as the evidence submitted.

Each side will have the same opportunity to have the right of representation by the Registrar. Anyone can request an appeal for a hearing postponement, with the proper justification on form TM-M and with the appropriate fee for at least three days before the hearing's actual date. Parties can request the postponement of a maximum of two times in the course of a Trademark Hearing, with each postponement not lasting more than thirty days. Inability to attend the hearing or to provide a fair reason will be viewed as a denial to be heard and the case will be ruled in the same manner.

Final Appeal and the Judgment concerning Trademark Opposition

After the submission of appeals in writing and the final hearing, the decision of the Registrar will be communicated to the applicants by writing once the parties have had their say. The registrar determines if the objection was valid and, as a consequence, the trademark registration is actually granted or not. A party who is unhappy with the decision of the registrar can reconsider the case with the Intellectual Property Appellate Board.

What if you want to challenge the registration of a Trademark Registration?

Three months are allowed after the date of the proposed trademark's listing within the Register Trademark in India allowed to file an objection to the trademark's publication. In exceptional circumstances, the time period is extended to a month. Therefore, you must submit a Trademark Opposition within the duration of four months following the date of publication.