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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.

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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