What is trademark opposition?

Trademark opposition is a process that allows any interested party to challenge the registration of a trademark during its publication period in the official Trademark Journal. In India, under the Trademarks Act, 1999, once a trademark application is submitted to the Registrar of Trademarks, it is examined and, if found suitable, published in the Trademark Journal for a period of four months. During this time, any third party who believes that the trademark may infringe on their rights or is otherwise unregistrable can file an opposition to its registration.

The opposition must be filed with the Registrar of Trademarks, and the opposing party must provide valid grounds for their opposition. These grounds can include reasons such as the mark being similar to an existing registered trademark, likely to cause confusion among consumers, or violating other provisions of trademark law.

Our firm can assist you with filing a trademark opposition by providing expert legal guidance throughout the process. Our legal experts can help you draft a strong Notice of Opposition, ensuring that all the necessary grounds and legal arguments are included. Additionally, we can represent you during hearings, manage correspondence with the Registrar, and provide strategic advice to maximize the chances of a successful opposition.