What is a Trademark Opposition?
Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After this, both the parties involved need to come to a conclusion, and the decision is taken. The decision of whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.
Benefits of filing Trademark Opposition
Highly effective remedy for TM owner
Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the market.
As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.
Documents required to file a Trademark Opposition
Details of applicant
Name, Address, Nationality, etc of the applicant.
Body corporates/other categories need to provide with registration certificate
Power of Attorney
It allows the attorney to file the trademark opposition on your behalf
Affidavit with the basic information about the trademark and its user date and proof of use
Details about the opposed mark
Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition