A trademark after registration is published in the Trademark Journal. From the date of its publication, for the next three months and an additional one month, the trademark is open for oppositions, or objections from a third-party.
A trademark can be opposed based upon any one of the several grounds. The opposition can be filed by anyone who owns a registered trademark and believes that the published trademark might be deceptive or create confusion in the market.
Upon checking the status of your trademark, if the status is displayed as “Opposed”, then it means that your trademark has been opposed. It is pertinent that the applicant strictly adheres to the time limits under the Trademark law and the Limitation act to make sure that the trademark is not lost during the opposition process. Trademark licensing is a great way to commercialise your trademark and gain financial benefits out of it. It is nothing but leasing out your trademark to a third party so that they can use it for their own gains or benefits. The terms and conditions of use are determined in the contract.
A trademark opposition allows a trademark owner to oppose any newly published trademark to protect own brand power from dilution.
The major grounds based upon which a trademark might get objected in India are as follows:
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
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The restoration application for a trademark can be submitted between six months and twelve months after the date of expiry of the trademark.
The prescribed forms and fees are given in the table below:
| Trademark Objection | Trademark Opposition |
|---|---|
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Issued by the Trademark Examiner.
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Trademark opposed by third parties.
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No fee is required to file a reply.
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Prescribed form and fee must be submitted to file a reply.
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Must be submitted within a month from the date of receiving the objection.
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Must be submitted within 3 months (can be exceeded for one month) from the date of receiving the notice of opposition.
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Part of the registration process.
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Different from the registration process.
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The application is removed if no reply is received against the objection.
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Trademarks are removed if no response is received against the opposition.
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Appeal can be made after rejection.
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Appeal can be made after the judgment is passed.
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Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
Yes, as per the common law, you can file an opposition based upon your pending trademark application or the usage of the trademark.
Passing off of a trademark refers to a trademark being so deceptive and similar to an existing trademark, that it causes confusion among the customers and endangers the brand reputation of the previous mark.
An opposition against a trademark must be filed at the Trademark Office where the Application for the said trademark was filed.
Anyone can file a trademark opposition against a registered trademark, irrespective of their commercial or personal interest in the matter. Such person must be a prior owner of a registered trademark.
After the filing of an opposition, it is the mutual decision of both the parties whether to abandon the trademark or continue to register it.
