Intellectual Property
Trademark Opposition
Once the Registrar approves a trademark application, it is published in the journal — and third parties can object within four months. Anyone can file this opposition, without needing a commercial interest or a registered trademark of their own, if they believe the mark could confuse the public.
Get Free ConsultationTrademark opposition actually helps the trademark owner: it offers the chance to eliminate confusion that might surface later and confirm the mark is truly unique.
Grounds for Opposition
- The trademark is similar or identical to an earlier or existing registered trademark.
- The mark is descriptive or devoid of any distinctive character.
- The trademark is likely to deceive the public or cause confusion.
- The mark is prohibited under the Emblem and Names Act, 1950.
- The mark contains matter likely to hurt religious sentiments.
Filing Trademark Opposition
- 1
Filing Notice of Opposition
File a notice with the Registry within 4 months of the trademark being advertised, specifying the opposed application, opposing party details, and reasons.
- 2
Filing Evidence
The trademark owner must file a counterstatement within 2 months of receiving the Registry's notice, or the application may be declared abandoned.
- 3
Hearing of the Parties
Once evidence is filed, both parties are given a hearing date (30 days' notice) to present arguments. Willingness to attend must be confirmed within 14 days. The Registrar then decides on registration eligibility.
Documents Required to File Opposition
- Applicant's details — name, address, nationality, and other information
- Affidavit with basic information about the trademark
- Details of the opposed trademark and the grounds for opposition
Rectification of Trademark Register
A registered trademark not used within 5 years of registration can be removed through "rectification." This can only be filed by a person with a genuine interest, or one who would be significantly damaged if the mark remained on the Register.
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