Meaning of Trademark Opposition

• Trademark opposition is a legal procedure that allows third parties to challenge the registration of a trademark.
  
• It occurs after a trademark is “Accepted & Advertised” in the Trademark Journal.
  
• The opposition aims to prevent the registration of marks that may be confusing, deceptive, or infringing.
  
• It is handled by the Trade Marks Registry through a quasi-judicial process.
  

Who Can File an Opposition

• Any person, company, or legal entity who believes the advertised trademark may harm their rights.
  
• The opponent need not have a registered trademark, but must have a legitimate claim.
  
• Common filers include competitors, prior users, and owners of similar marks.
  
• Opposition can be based on commercial interest or public policy concerns.
  

Grounds for Opposition

• The trademark is identical or deceptively similar to an existing mark.
  
• The mark lacks distinctiveness or is descriptive of goods or services.
  
• The applicant is not the true proprietor of the trademark.
  
• The mark is prohibited by law or may cause confusion or deception in the public.
  
• It may hurt religious sentiments, use official emblems, or violate other legal standards.
  

Procedure of Opposition

• The opponent must file a Notice of Opposition using Form TM-O within four months of publication.
  
• The applicant must file a Counter-Statement within two months of receiving the notice.
  
• Both parties submit evidence in support of their respective claims.
  
• A hearing is scheduled before the Registrar, after which a final decision is issued.
  

Possible Outcomes

• If the opposition is successful, the application is rejected and the trademark is not registered.
  
• If the opposition is unsuccessful, the trademark proceeds to registration and a certificate is issued.
  
• Either party may file an appeal before the High Court if dissatisfied with the decision.
  
• Opposition proceedings may also be withdrawn or settled through mutual agreement.