File Trademark (TM) Opposition Reply in India
A trademark opposition reply is a type of proceeding where the applicant or a third party can raise an objection against the trademark obtained by your company before it is granted a legal statute or gets published.
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OVERVIEW
What is Trademark Opposition?
As self-explanatory as it is, trademark opposition is the legal act of raising an objection against a company’s published trademark. A trademark is a symbol, image, or words that legally represents a company or firm.
Typically, companies save their business identity in the eyes of the law by completing trademark registration through the Department for Promotion of Industry and Internal Trade portal under the Ministry of Commerce & Industry.
The process of trademark registration is a bit lengthy and time-consuming. It is usually recommended to hire experts who can aid in the trademark registration process.
However, there are several grounds on which a business/individual/firm may object to the published trademark. Let’s see a few of those:
Types of Oppositions
Grounds on Which Opposition Can Be Raised on a Trademark
In India, any individual, business, firm, partnership, or trust with legal standing can raise an opposition to a trademark within 4 months of its publication.
Additionally, the trademark registry may also raise an objection against the applicant’s trademark. However, such objections are typically raised only if there is a valid reason.
Here are the grounds on which someone can file an opposition:
1. Lack of Distinctiveness:
The trademark does not convey any meaningful message or clearly represent what the company stands for. The logo should possess distinguishing features or include elements that reflect the quality, quantity, intended purpose, values, geographical origin, or production time of the goods/services.
2. Likelihood of Confusion:
The trademark may cause confusion among the public. This includes any mark that could be easily associated with an already registered trademark, or one that has become widely used in commercial practice.
3. Offensive Material:
The trademark contains material that may offend the religious sentiments of any group or community.
Opposed
How to Know if Your Company’s Trademark Has Been Opposed
In India, when applicants apply to register their trademarks, the application is processed by the Trademarks Registry. Once the trademark is registered, you will be notified about the type of trademark registration granted.
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Applicants can also monitor the status of their application through the online portal at ipindia.gov.in. If the trademark has been opposed, the status will show "Opposed."
Director of a Company or Partner of a Partnership
Any director or partner of a company or partnership can file an opposition if they believe that the applied trademark may infringe upon their existing rights or create confusion with their own trademark.
Owner of an Existing Trademark
The owner of a registered trademark has the legal right to oppose the registration of a new trademark if it is identical or similar to their own, which may lead to confusion among consumers.
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Two or More Parties with Similar Trademarks
If two or more parties own similar or identical trademarks that could cause confusion in the marketplace, they have the right to file an opposition against the new trademark application.
Any Individual Representing a Company
Any individual, such as an employee or legal representative, can file a trademark opposition on behalf of a company if they believe that the new trademark conflicts with the company’s established rights.
Who Can File a Trademark Opposition?
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Director of a Company or Partner of a Partnership: Any director or partner of a company or partnership can file an opposition if they believe that the applied trademark may infringe upon their existing rights or create confusion with their own trademark.
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Owner of an Existing Trademark: The owner of a registered trademark has the legal right to oppose the registration of a new trademark if it is identical or similar to their own, which may lead to confusion among consumers.
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Two or More Parties with Similar Trademarks: If two or more parties own similar or identical trademarks that could cause confusion in the marketplace, they have the right to file an opposition against the new trademark application.
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Any Individual Representing a Company: Any individual, such as an employee or legal representative, can file a trademark opposition on behalf of a company if they believe that the new trademark conflicts with the company’s established rights.
REPLY
Responding to a Trademark Opposition
Businesses can file their trademark applications with the Trademarks Registry headquartered in Mumbai, with operations also at the Pen India office. There are two primary scenarios where you may need to respond to a trademark opposition:
- Rectifying Errors: The trademark has been published, and you need to correct any errors.
- Opposition by Another Party: Someone has raised an objection against your published trademark.
In both cases, it’s crucial to respond to the notice within the specified time frame. Failing to do so could jeopardize your trademark application.
✅ Notice of Trademark Opposition
When a trademark is opposed, the Trademarks Registry sends a notice of opposition to the concerned parties, which contains the following details:
- Opposer Information: Name, address, and correspondence details.
- Application Information: Application number, publication date, opposition filing date, opposition period end date, and the applicant’s name.
- Goods/Services Affected by Opposition: This section includes the class of products or services involved.
- Grounds for Opposition: The reason for the opposition and the specific section of the Trademark Act under which it is filed.
✅ Filing the TM-O Form
The applicant who receives the notice of opposition must respond by filing a TM-O Form. You can review the form to understand the necessary steps for filing your response. This is also essential if you plan to apply for trademark renewal online.
✅ Drafting a Statement of Response
We will assist you in analyzing the opposition report to identify the grounds for the opposition. After this, we will help you draft a detailed response, including supporting documents such as the registration application.
Note: It is mandatory to respond to the opposition within the prescribed time limit.
✅ Application Submission
Once you complete the online formalities, the registrar will review your response. If your response is found acceptable, your application will proceed. If not, the registrar will schedule a hearing. Additionally, registering a trademark opposition in India can help protect your business interests.
Why Choose JustStart?
Why Choose JustStart for Trademark Registration Consultant Services?
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✅ Expert Team
JustStart is backed by a team of qualified CS, CA, lawyers, and business administrators, offering expert guidance at every step of your trademark registration process.
✅ 360° Corporate Legal Support:
We provide comprehensive support, from company incorporation to annual filings and other essential legal services.
✅ Timely and Efficient Service:
We guarantee on-time service with fast response times across calls, emails, and chat, ensuring you never miss a deadline.
✅ Cost-Effective Solutions:
Our services are more affordable than other professionals and service providers, without compromising on quality.
✅ Dedicated Support:
With a point-to-point update system and a dedicated relationship manager, we keep you informed about upcoming compliance needs and requirements, ensuring smooth operations.
Locations
Trademark Opposition in Other States and Cities
FAQs
LET'S CLEAR ALL THE DOUBTS!
Trademark Opposition under Trademark Law in India is the act of raising objections against a company’s published trademark. This trademark is typically designed as a logo, a symbol, or image and represents a company’s values, beliefs, or core principles.
A trademark objection is a concern raised by the examiner or registrar, whereas trademark opposition in India is a concern initiated by the applicant or a third party.
Technically, when someone else uses the same trademark as your company, the other company is, in a sense, trying to steal away your goodwill, audience, and loyal customers.
Yes. Copying someone else’s copyrighted or registered trademark is an offensive crime.
If you copy someone’s trademark or design without the owner’s permission, it can cost you a case of intentional infringement of a registered trademark. As per criminal sanctions, the crime can attract a prison sentence which cannot be less than six months and can be extended up to 3 years.
Luckily, we have a dedicated section for how to register a trademark online with expert help. Now you can experience hassle-free trademark registration in a few simple steps under the guidance of legal professionals.
As already mentioned, any applicant can point out the errors in the published trademark by filling out an application online to the trademark registry. The government body also facilitates an online service to ease the process. However, some applicants may find the digital process complex, for which they can hire a professional consultancy for guidance.
As a matter of fact, yes. You may need to submit a list of documents to the Trademark Opposition Process in India. You can formally challenge the issues in published trademarks.
The process of trademark rectification may take up to 4–6 weeks to receive approval.
Typically, the government will send a notice of opposition to the applicant and the opposer. The trademark registry will give time to the applicant to respond to the case (30 days). If the applicant fails to respond, the opponent may win the case.
In India, trademarks are protected for a period of 10 years after a successful registration. Once the validity expires, companies usually need to re-apply to get their trademarks registered once again.
In case you don’t respond to the opposition raised against the published trademark, the application is marked as abandoned.
