Set up a sole Trademark Opposition

  • Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by Compliance Gurukul.

75,000+ objections handled since 2011

Trademark Opposition

Register Trademark Opposition Firm Online through Compliance Gurukul

You can easily complete Trademark Opposition firm registration online through Compliance Gurukul. For a sole Trademark Opposition registration, only the PAN & Aadhaar card of the business owner is required. We can help you obtain the following registrations in less than 15 days:

  • GST Registration
  • Zero-Balance Business Current Account with Compliance Gurukul Software

Once, you have registered for the Trademark Opposition firm registration online on Compliance Gurukul, please follow the steps below and upload the following documents by logging into Compliance Gurukul Software.

  • Step 1: Login to LEDGERS using the email address for payment.
  • Step 2: Go to Services Tab & Select Trademark Opposition Engagement
  • Step 3: Upload your PAN & Aadhar Card Copy
  • Step 4: An Compliance Gurukul Registration Expert will file the registration application with GST Department and Bank for Current Account.
  • Step 5: Access to Compliance Gurukul Software is for GST invoicing, GST filing and other services.

Trademark Opposition

Once the registry accepts a trademark application, it undergoes a crucial step – publication in the government journal for four months. During this phase, any general public member can raise Opposition against the trademark. This opposition of trademark stage holds significant importance in determining whether the trademark can proceed toward registration or if valid objections need to be addressed. Compliance Gurukul stands ready to offer expert assistance and guidance to navigate the process of trademark opposition in India, ensuring a seamless and effective resolution.

Trademark Opposition

Under the Trademarks Act of 1999, trademarks can be registered in India. To do this, trademark owners must submit their application to the Registrar of Trademarks. Once the Registrar reviews the application, they will publicize the trademark in the official trademark journal. Any individual can challenge the registration of a trademark once it's listed in the Trademark Journal. Such challenges or oppositions should be directed to the Trademark Registry, where the original application was made. Should any opposition arise, the trademark registry will hold a trademark opposition hearing to resolve the issue.

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Eligibility Criteria

  • According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest.
  • A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.
  • After a opposition of trademark is filed, both parties need to conclude whether the trademark should be abandoned or registered.
  • Anyone who believes that the published mark might create confusion among the public can file for the Opposition while defending the trademark lies in the trademark registrant's hands.

Documents Required For Trademark Opposition

  • Signed Evidence
  • Sales Invoice
  • Advertisement Copies
  • Product Images
  • Government Registration Certificate
  • Social Media Accounts Screenshot
  • Letter Head copy
  • Visiting Card

Timelines

A sole Trademark Opposition firm registration can normally be done in India through Compliance Gurukul in max 2 weeks. However, the timelines for registration will vary from case to case, depending on the government and bank processing timelines.

Trademark Opposition FAQ's

Trademark opposition is a legal challenge against the registration of a trademark, initiated during its four-month publication period in the official government journal. This allows any member of the public to object to the trademark if they believe it infringes on their rights or is otherwise unsuitable for registration.

Any individual or entity, including customers, competitors, or any member of the public, can oppose a trademark application. The opposer does not need to have a prior registered trademark or a direct commercial interest in the matter.

A trademark opposition must be filed at the same Trademark Registry office where the original trademark application was submitted. This ensures that the opposition is directed to the correct jurisdiction for the matter at hand.

Grounds include similarity to an existing trademark, lack of distinctiveness, descriptiveness, bad faith, customary usage, likelihood of confusion, illegality, prohibition under the Emblem and Names Act, 1950, and potential to offend religious sentiments.

The first step is to file a notice of opposition using Form TM-O within four months of the trademark's publication in the journal.

The Registrar sends a copy of the opposition notice to the trademark applicant, who then has two months to respond with a counterstatement.

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