Opposition to Trademarks
In India, trademark opposition occurs after the registrar has accepted the trademark application on the basis of distinctiveness and published the trademark of the third-party opposition in the journal.
In India, trademark opposition occurs after the registrar has accepted the trademark application on the basis of distinctiveness and published the trademark of the third-party opposition in the journal.
• During the trademark application stage, anyone can object to a trademark application filed by an applicant for a variety of reasons.
• 'Any individual,' according to Section 21 of the Trademark Act, can challenge a trademark, regardless of whether he has an economic or personal stake in the matter.
• A trademark can be challenged by a consumer, a member of the general public, a rival, or anybody else. In addition, the individual filing the trademark opposition must have previously owned a registered trademark
A trademark opposition is critical because it permits registered trademark owners to prohibit any other mark from detracting from their brand or causing confusion in the marketplace
Since the brand is based on public demand and popularity, obtaining public approval for the proposed trademark's registration is essential.
Information about the application
• The applicant's name, address, nationality, and other information.
• Registration certificates are required for body corporates and other types.
Power of Attorney
It gives your attorney the authority to file a trademark objection on your behalf.
Affidavit
Affidavit containing basic information about the trademark, including the date it was first used and proof of use.
Information on the opposing mark
Detailed information regarding the mark against which the objection will be filed, such as the name and the basic grounds for filing the opposition.
• The trademark is the same as a registered trademark.
• The trademark has no distinguishing features.
• The trademark is self-explanatory.
• The application for trademark registration is made in dishonest.
• The trademark is common in today's terminology and a company's established processes.
• The trademark is likely to deceive or confuse the public.
• The trademark is illegal or is prohibited by law.
• The Emblem and Names Act of 1950 makes the trademark illegal.
• The trademark contains material that is likely to offend the religious sensitivities of any group or portion of the population.
The opponent must file TM-5 in order to oppose a trademark application. The trademark opposition must be submitted with the appropriate trademark office, according to the application. The following information must be included on the TM-5 form
Information on the trademark application
Number of the contested application From the trademark application, a description of the goods or services is given. The name of the trademark applicant who is being challenged.
• If the opposition is filed by the trademark owner of an earlier mark: the trademark owner's name and address, as well as a statement that he is the trademark owner of that mark.
• If a trademark licensee files the objection, provide the trademark licensee's name and address, as well as a statement that he or she has been authorised to file the opposition.
• If a successor files an opposition to a registered trademark owner, the successor's name and address, as well as a date on which the appropriate office received the new proprietor's application for registration, or, if this information is unavailable, an indication of the date on which the appropriate office received the new proprietor's application for registration, were sent to the appropriate office.
• The trademark opponent or an authorized person familiar with the circumstances of the case shall sign the opposition notification.
Moreover, anyone who believes that the registration of a particular mark will harm his or her brand name or company's reputation in any manner may file a notice of opposition to such registration.
The registrar sends a copy of the document to the opposing party so that they can file a counter statement. This must be completed within two months of receiving the opposition notice. It is assumed that if it is not filed, it has been abandoned.
A trademark opposition can be filed by a person who believes that the registration of a mark would harm his or her brand name or the company's reputation.
If the trademark opposition is filed after the three-month period but before the four-month time has expired, the notice of opposition shall be accompanied by a request for an extension, detailing the cause for the delay.
