Trade Mark Opposition

In cases, whereas the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark - if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing a trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

Documents Required for Trade Mark Opposition:- (All copies of documents should be self attested by the customer)

Logo or the trademark
Name and address of the trademark owner
Classification or trademark class
Trademark used since a date

Process for the Trade Mark Opposition:

An application can be opposed on relative and absolute grounds of refusal as provided under section 9 and 11 Act.
The registrar shall serve a copy of the notice of opposition on the applicant of the opposed mark, After receiving the notice of application, within two months.
Specifying the grounds along with the evidence on which he relies for his application.
Thereafter the registrar shall serve the counter statement on the opponent.
Then the registrar shall decide whether the trademark is to be accepted or not