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What are the grounds for Trademark Opposition in India?

by registrationwala
Trademark Opposition in India

Once the Registry raises the trademark objection, it is crucial to file the objection reply to those objections as soon as possible. A limited period is provided for objection reply filing, which is only 30 days from the Examination report date. If the Applicant misses the deadline, then the Registrar will abandon the trademark registration application, leading to the new filing of the registration application and costing too much. Also, Trademark Opposition in India is risky after the trademark’s publication in the journal.

Reasons for Trademark Opposition

The trademark logos are devoid of any distinctive character. They are not capable of distinguishing the goods of one company from those of another and consist of trademarks that may serve in trade to designate any of the following:

  • Kind
  • Quality
  • Quantity
  • Intended Purpose
  • Values
  • Geographical Origin
  • Time of production of the goods or rendering of the service
  • Other characteristics of the goods or service consist exclusively of marks
  • Indications customary in the current language

Concept Of Trademark Opposition

Per the Trademark Act of 1999, any person can file a notice of opposition against a trademark application within four months from the date the mark is advertised or re-advertised in the Trademark Journal. After receiving the opposition notice, the Applicant must file a Counter Statement to the Registrar within two months.

If the Trademark Registrar approves the application for advertisement in the Trademark Journal, then any person can oppose the trademark registration. If a business entity feels that trademark registration would not be fair, it may be opposed. On filing Trademark Opposition, the Trademark Applicant must file a Counter Statement with the Registrar within 2 months.

Also Read: Trademark Infringement

Trademark Opposition Process

 The procedure for filing an opposition to the published trademark is enumerated in the following steps:

  1. Firstly, generate online inquiries on the IPR website.
  2. Secondly, the website will provide specific instructions on proceeding with the opposition filing.
  3. Also, please fill up the documents checklist.
  4. Afterwards, upload the necessary documents with the application.
  5. Lastly, start preparing documents for raising the trademark opposition
  6. Finally, the site will provide you with the submission receipt.

Grounds for raising Trademark Opposition

Any person can raise opposition on many grounds. The following are the main grounds upon which the person can raise trademark opposition:

Absolute grounds for Registration refusal

The trademark logos are devoid of any distinctive character and not capable of differentiating the goods or services of one company from those of another company and consist exclusively of the logo which may serve in trade to designate the kind, quality, intended purpose, geographical origin or the time of rendering of the service or other characteristics of the service and consist exclusively marks or indications which have become customary in the current language and established practices of the trade. Such logos are not allowed to be registered.

Also Read: What are the provisions for Trademark Objection in India?

Relative grounds for Registration refusal

A logo is similar to an earlier trademark opposition in india of goods or services covered by the other logo. Furthermore, the similarity to an earlier logo and the identity or similarity of the goods or services covered by the logo creates confusion in the general public.

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