Trademark Opposition

Ø 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 fulfils all the initial requirements i.e. the distinctiveness factor and has got an 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 an opposition against the registration if they believe the trademark to be deceptively or phonetically similar to their owner 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 member of the public likely to use the goods. The question of 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 Trademark journal, which can then be extended to a maximum one more month.

 

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