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What is Trademark Opposition?

Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. In response to the trademark opposition, the trademark owner has to give a suitable reply to such Trademark Opposition.

When the applied trademark is published in the Journal of Trademarks, anyone can oppose the published trademark within 3 months from the date of journal publication. This situation is known as Trademark Opposition.

Why should a trademark opposition be filed?

Given below are some circumstances why you must oppose trademark publication:-

  • The trademark is identical to an already existing registered trademark.
  • The trademark is not of a unique character.
  • The trademark is having a descriptive nature.
  • The trademark registration application has not been made with a good reputation.
  • The trademark is considered to misguide the general public or may create confusion.
  • The trademark is violating any prevailing law.
  • The trademark has been prohibited under the Emblem & Names Act, 1950.
  • The trademark is likely to hurt the religious sentiment of a particular section of people.

What is the time limit for trademark opposition?

You can oppose trademark publication within 3 months from the date of advertisement of the applied trademark in the Journal of Trademarks. The time period can be extended up to 1 month in special circumstances only.

Authorized Signatory of Trademark Opposition

The notice of opposition should be signed by the trademark opponent or by an authorized person who is acquainted with the facts of the case. The person signing should reference the numbered paragraphs of the notice of opposition, along with the date and the place at which it was signed.

How to apply Trademark Opposition?

You need to file Form T-5 a trademark opposition form in order to oppose a published trademark. Form T5 has to be filed to the applicable trademark office where such trademark was applied.

The trademark opposition Form T5 must contain the following details:

Details about the trademark application

  • Trademark Application number;
  • Description of the goods or services mentioned in the trademark application;
  • Name of the Trademark Applicant.
Tardemark Opposition

Details of the Opposing Party

  • If TM opposition filed by trademark owner of the previous trademark: Name and address of the trademark owner along with a statement that the person is the owner of such a trademark.
  • TM opposition filed by a trademark licensee: Name & address of trademark licensee along with a statement that the person has been authorized to file the TM opposition;
  • TM opposition is filed by a successor of the owner of the registered trademark: Name & address of successor and statement of the date when the application for trademark registration of the new owner was received by the appropriate office or, where this information is not available, was sent to the appropriate office;
  • TM opposition is filed abroad: Name and address of the opposing party and address for service in India.

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frequently asked questions

Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. 

 

In case the trademark opposition arises, the trademark owner has to give a suitable reply to such Trademark Opposition.

 

Once a trademark is published in the Journal of Trademarks, one can oppose the published trademark within 120 days from the date of publication of trademark in the journal.

 

Here are the situations when it is important to oppose a trademark publication:-

  • The trademark is similar to an existing registered trademark.

  • The trademark is not having a unique nature.

  • The trademark is of a descriptive nature.

  • The trademark registration application has not been made with a good reputation.

  • The trademark is considered to misguide the general public or may create confusion.

  • The trademark is violating any prevailing law.

  • The trademark has been prohibited under the Emblem & Names Act, 1950.

  • The trademark is likely to hurt the religious sentiment of a particular section of people.

 

The authorized signatory in the case of Trademark Opposition is the trademark opponent himself or an authorized person who is aware of all facts related to the case of Trademark Opposition. Such a person has to sign the Trademark Opposition and he should specify the appropriate paragraphs in the notice of opposition, with the date and place of signing of the Trademark Opposition.

 

Any person (third party) can oppose the publication of a trademark in the journal. An opponent may be one individual or a company or firm. There must be at least one ground of opposition in proper detail to which the trademark applicant will give a suitable reply. 

 

No. You can oppose only a trademark that has been currently applied for registration, but which is not yet registered. Trademark opposition can take place within 120 days from the date of publication of the trademark in the journal.

 

Yes, we can assist you in the process of Trademark Opposition in your town as well.

 

No, You don’t need to be physically present for the process, E-StartupIndia is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.

 

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