Similarity to Existing Trademarks

• The proposed trademark is identical or deceptively similar to an earlier registered or pending trademark.
  
• It may cause confusion or deception among the public regarding the origin of goods or services.
  
• Visual, phonetic, or conceptual similarities may be grounds for opposition.
  
• The likelihood of association or dilution of the opponent’s mark is considered.
  

Lack of Distinctiveness

• The trademark is generic, descriptive, or commonly used in the trade.
  
• It lacks the ability to uniquely identify the applicant’s goods or services.
  
• Marks that merely indicate quality, quantity, or intended purpose are often opposed.
  
• A non-distinctive mark fails to fulfill the essential function of a trademark.
  

Bad Faith or Misrepresentation

• The application was filed with malicious intent or to take unfair advantage of another’s reputation.
  
• The applicant is not the true proprietor or has no genuine intent to use the trademark.
  
• Opposition may arise if the mark mimics a well-known brand to mislead consumers.
  
• Filing a mark that exploits the goodwill of another party is considered bad faith registration.
  

Violation of Legal Provisions

• The mark may be prohibited under the Trade Marks Act, such as using official emblems or flags.
  
• It may hurt religious sentiments, contain obscene or scandalous material, or violate public morality.
  
• Marks restricted under international conventions or government orders are also opposed.
  
• Opposition can also be filed if the mark contravenes other intellectual property laws.
  

Prior Use or Reputation

• The opponent has been using a similar mark in good faith prior to the applicant.
  
• The trademark has acquired a reputation or goodwill in the Indian market.
  
• Use without registration still qualifies if the brand is recognized among consumers.
  
• Passing off risks or loss of exclusive identity may serve as grounds for objection.