Trademark Opposition

Trademark Registration - Trademark Opposition

Trademark Opposition is instituted by a third party after the application is accepted by the Trademark Registry. This is a very important and critical stage in the trademark registration procedure. After the trademark fulfills all the initial requirements i.e. the distinctiveness factor and has got approval from the registry regarding its registrability, it is finally advertised in the Trademarks journal for inviting any third-party opposition. The main reason behind this is to give an opportunity to the common public to raise opposition against the registration if they believe the trademark to be deceptively or phonetically similar to their owner's other existing marks.

Who Can File an Opposition?

Any person may give a Notice of Opposition irrespective of the fact of his commercial or personal interest. The person need not be an owner of a prior registered trademark. He can be a customer, a purchaser, or a member of the public likely to use the goods. The question of the bona fides of the opponent does not arise in case of filing an opposition. People are permitted to oppose the TM within a period of three months from the date of its publication in the Trademark journal, which can then be extended to a maximum of one more month.

What are the Grounds of Opposition?

A pending trademark application may be opposed on the following grounds:

The mark is a generic term for the associated wares or services (in any language);
The mark is primarily merely a surname;
The mark is confusing with another trademark, official mark, an Olympic mark, or a geographical indication registered in India;
The trademark is prohibited under the Emblem and Names Act, of 1950;
The mark is scandalous, obscene, or immoral;
The mark is customary in the current language or in the established practices of business;
The mark is contrary to the law or is prevented by law;
The mark contains matters that are likely to hurt the religious feelings of any class or section of people;
Another party had prior use of the mark or a confusingly similar mark in India;
The applicant used the mark only as a licensee of another party;
The mark is devoid of distinctive character;
The mark is descriptive in nature;
Application for the trademark is made with bad faith;
The trademark is likely to deceive the public or cause confusion.