Opposition of Trademark Registration

Last Updated at: October 18, 2019
1691
brand

A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. In most cases, this party believes that the registration of the trademark will damage its rights in one way or another. It takes up to two years to register a trademark, and all new applications are advertised in a government journal, so the party often finds out about the mark.

Section 21 of the Trademarks Act, 1999 covers what happens in case someone opposes the registration of a trademark. Here is the procedure to be followed:

a) The opposition has to be made in writing, in the form of a notice, to the Registrar of Trade Mark within 4 months of advertisement of the trademark registration.

b) The Registrar will pass on this notice to the Applicant.

Know More About TM Registration

c) Within two months of receiving the above, the Applicant should send a counter-statement to the Registrar, re-affirming his grounds for the application. If he fails to do so, it is assumed that he has forfeited his trademark.

d) The Registrar will serve a copy of this Counter-Statement to the person giving the opposition.

e) Any evidence upon which both the parties rely should be submitted to the Registrar. If they desire an opportunity to be heard, the Registrar will give them so.

f) After such hearing of the parties, the Registrar shall decide the validity of both the claims and decide whether or not to uphold the registration and if the same should be subject to any limitations.

g) The parties are to incur the cost of sending the notices and counter-statements, if they don’t reside in India.

h) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement or such terms as he thinks just.

i) All of the above submissions have to take place in the prescribed manner and within the prescribed time limit.

If any of the Parties are unhappy with the above decision, they may appeal, in the prescribed manner, to the Intellectual Property Appellate Board, within three months of gaining the knowledge of such decision. The Appellate Board, may, at its discretion, entertain late appeals, if sufficient grounds for the same are proved.

Frequently Asked Questions

How can I claim my income tax refund after due date?

The due date for filing ITR is 31st July, if not extended. To claim a refund on a later date, submit your ITR-V form.Learn More about Income Tax filing


What is the current ESI contribution rate?

Effective January 1997, the ESI contribution rate has been 1.75% from Employee and 4.75% from the employer with regards to employees wage period.More info on ESI registration


What is Form A in Fssai?

Food Company requiring a license submits form A to the Food and Safety Department who in turn accepts or rejects within 7 days of submission.More information on FSSAI


What is the purpose of ISO?

ISO acts as a tactical tool in reducing cost by lowering wastage and raising efficiency in manufacturing products and reaching it to the right audience.
More on ISO Certification


How can I get TDS refund?

Upon filing for your taxes, It is required by one to submit the ITR form, which is available for varied categories by choosing the form that’s valid for your income slab.Details on TDS Return Filing


What is the criteria for MSME?

The major criterion that is that any enterprise small or medium having an annual profits not more than 250 crores is considered MSME.Learn more about SSI/ MSME Registration

    SHARE