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Trademark Opposition

Trade mark oppositions can be filed when someone tries to register identical or similar mark to your mark. Applicant / Attorney has to search in each Tademark Journal published by Registrar of Trademarks on the website ipindia.gov.in, or you may receive an opposition.

If come across a possibly conflicting trade mar application you have only less than four months to file Opposition. Our team will make sure you don’t miss opportunity to oppose the application.

On the other hand, if a Notice of Opposition (Form TM-O) has been filed to your published trademark application, we will try to get the best outcome, which could be arriving to a mutual agreement with the Opponent or contesting opposition by filing counterstatement.

No doubt it is complicated process, hence professional help is advised rather than hit and trial method.

How to file opposition

Opposition to a trademark is filed in India through Form TM-O and paying the registrar fee. The Notice of opposition is then served upon the Applicant by the Registrar of Trademarks thereafter statutory timeline of 60 days starts towards filing of Counterstatement. Filing of Opposition means beginning of whole new legal action and it means the trade mark application can’t be proceeded with registration./p>

Using this route, we can either oppose the whole application or some of the classes goods/services it covers. Grounds of Opposition can be filed on either one or both of the following:

Absolute grounds

This basically includes issues such as if it is descriptive, generic, or non-distinctive, for the goods / services mentioned in the application. Anyone can oppose on absolute grounds irrespective of application or registration.

Relative grounds

This basis are claimed when the earlier trade mark (application or registered trade mark) or legal rights such as designs or copyright, that the applicant’s trade mark will conflict with. Only the owner of the earlier used / applied or registered trade mark can oppose application on relative grounds.