Trademark Opposition

Why to Oppose a Trademark ?

You might want to oppose a trademark if it:

• Is similar to your existing or pending trademark: This could lead to confusion in the marketplace.

• Is identical or deceptively similar to a well-known trademark: This could dilute the reputation of a well-known brand.

• Violates any legal rights, such as copyright or design rights.

How to File a Trademark Opposition ?

To file a trademark opposition, you must:

1. Review the Trademark Journal: Keep an eye on the Trademark Journal for any trademarks that may infringe your rights.

2. File a Notice of Opposition: Within four months of the trademark's publication in the journal, file a notice of opposition with the Indian Trademark Registry. This notice should include:

   • A clear statement of the grounds for opposition.

   • Supporting evidence, such as prior registrations, use evidence, or expert opinions.

   • Payment of the prescribed fee.

Responding to a Trademark Opposition

If you receive a notice of opposition, you must file a counter-statement within two months. This counter-statement should address the grounds raised by the opponent and provide evidence to support your claim. 

Key Considerations for Trademark Opposition

• Timeliness: Strict deadlines apply to filing a notice of opposition and a counter-statement.

• Evidence: Strong evidence is crucial to support your claims.

• Legal Representation: Consider consulting with a trademark attorney to navigate the complex legal procedures.

• Cost: Be prepared for the costs associated with filing a notice of opposition and responding to a counter-statement.

Trademark opposition is a powerful tool to protect your brand rights. By understanding the process and acting promptly, you can effectively challenge the registration of infringing trademarks. However, it's essential to have a strong legal basis for your opposition and to be prepared for the potential costs and time involved.