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Trademark Opposition

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Trademark Opposition

Protect Your Brand Against Confusingly Similar Trademarks

After a trademark application is advertised in the Trademark Journal, any third party who believes that the mark is identical, deceptively similar, or harmful to their brand can file a Trademark Opposition. This ensures that no conflicting or misleading marks enter the register.

Who Can File a Trademark Opposition?

  • Registered Trademark Owners

  • Applicants with a pending trademark application

  • Any person or entity claiming prior use of a similar mark

  • Any interested party who may be affected by the registration

Grounds for Filing Trademark Opposition

🔹 The mark is identical or deceptively similar to an existing mark.
🔹 The mark was filed with bad faith or dishonest intention.
🔹 The mark lacks distinctiveness or is descriptive.
🔹 The mark is likely to confuse or mislead consumers.
🔹 The mark violates laws (e.g., contains prohibited words/symbols).
🔹 The applicant has no bonafide intent to use the mark.

Documents Required for Trademark Opposition

  • Notice of Opposition (Form TM-O)

  • Details of the Opponent (ID, Address Proof, Authorization if agent/attorney)

  • Evidence of Prior Use (invoices, advertisements, registration certificates, etc.)

  • Affidavit in support of opposition

  • Supporting legal documents, if any

Process of Trademark Opposition

  1. Filing of Opposition (Form TM-O) – Must be filed within 4 months of publication in the Journal.

  2. Counter-Statement by Applicant (Form TM-O) – Applicant must reply within 2 months; else, application is deemed abandoned.

  3. Evidence Submission – Both parties file evidence supporting their claims.

  4. Hearing – Trademark Registrar conducts a hearing for both parties.

  5. Decision – Registrar decides whether to accept or reject the trademark.

Timeline

  • Opposition must be filed within 4 months of journal publication.

  • Entire process may take 1-2 years, depending on hearings and evidence.

Why Trademark Opposition is Important

✅ Prevents competitors from registering confusingly similar marks.
✅ Protects the goodwill and reputation of your brand.
✅ Avoids consumer confusion in the market.
✅ Ensures exclusive legal rights to your brand identity.

Why Choose Us?

  • 📌 Drafting and filing strong Trademark Oppositions.

  • 📌 Assistance with evidence collection and affidavit preparation.

  • 📌 Representation during Registrar hearings.

  • 📌 Expert support to defend or oppose marks effectively.