Trademark Opposition

Trademark Opposition - An Overview

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Trademark Examiners examine trademark applications after they have been filed and search for earlier marks that are identical or similar to the mark being examined. The trademark examiner's findings are summed up in the trademark examination report.

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest in the matter. A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner. After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered Anyone who believes that the published mark might create confusion among the public can file for the opposition while defending the trademark lies in the trademark registrant's hands.

Process for Trademark Objection

Here is how trademark objections are handled:

  • Track the status of your trademark application
  • Examine the trademark objection
  • Draft a reply
  • Check and recheck the reply before filing
  • Get feedback on the department's reply
  • Your trademark will be published in the trademark journal if your reply is accepted.
  • Upon rejection of your trademark reply, you will be required to attend the trademark hearing on behalf of your representative.
  • Documents Required for Trademark Objection

    Trademark objections require the following documents:

  • Authorised Document
  • Trademark Examination Report
  • Proof of identification
  • Proof of address