A trademark opposition is an opposition filed by a third-party against a registered trademark or trademark registration in Chandigarh. This right The Trade Mark Rules, 2017 defines an “opposition”
Section 21 of the Trade Marks Act, 1999 gives any person the right to give a notice of opposition against the registered trademark within four months from the advertisement of the application for registration.
REQUIREMENTS FOR FILING TRADEMARK OPPOSITION or Trademark Lawyers in Chandigarh
An opposition can be filed on any of the following grounds:
- Absolute Grounds as given under Section 9 of the Trade Marks Act, 1999, i.e., if the trademark is:
- devoid of any distinctive character;
- descriptive in nature;
- likely to deceive the public or cause confusion;
- likely to hurt religious susceptibilities;
- contains scandalous or obscene matter;
- prohibited to be used under the Emblems and Names (Prevention of Improper Use) Act, 1950;
- Relative Grounds as given under Section 11 of the Act, i.e., if :
- the trademark is similar or identical to an earlier or existing registered trademark or is registered with respect to the same goods and services;
- the trademark is similar to a well-known mark; or
- the use of the trademark amounts to passing-off.
PROCESS OF OPPOSITION
The opposition process entails the following stages:
- Publication of Trademark Application
The publication of the trademark application by the Registry is the first step towards filing an opposition. Once the application is published, any third-party that opposes the registration of the trademark on any of the grounds mention above, can oppose the trademark.
- Filing the Notice of Opposition
Any person can file a notice of opposition within four months of it being advertised in the trademark journal. Ordinarily, the opposition can be filed in the place in which the trademark application is filed.
- Filing of Counterstatement by Applicant
After the applicant has received the notice of opposition, they are given two months to respond to the opposition by way of a counterstatement. If the applicant fails to file a counterstatement in the stipulated period, they are deemed to have abandoned their application.
- Filing of Evidence in support of Opposition
The opponent is required to file evidence with the Registry within two months of receiving the counterstatement. The opponent can either file the evidence with Registry by way of an affidavit or communicate that they intend to rely on the facts as stated in the notice of opposition.
If the opponent does not file any evidence or makes no communication to the Registry pursuant to the counterstatement, they are deemed to have abandoned their opposition.
- Filing of Evidence by Applicant
After receiving the copies of the evidence from the opponent, the applicant is given two months to file evidence in support of their application with the Registry.
- Filing of Evidence in reply to Applicant’s Evidence
The opponent is given one month to file evidence in reply to the evidence filed by the applicant.
- Further Evidence
The Registry may exercise its discretion to give leave to either the applicant or the opponent to file further evidence in support of their claims.
- Hearing by Registry
The Registry would hear the parties at least one month after giving them the notice of the first date of hearing.
- Decision of the Registry
If the Registry decides in favour of the opponent, the trademark application is rejected. However, if the decision is in favour of the applicant, the trademark would be registered with the Registry.
REQUIREMENTS TO FILE A NOTICE OF OPPOSITION
A Notice of Opposition is filed by filing Form TM-O. It needs to be filed within four months of the advertisement of the trademark application,
As per Rule 43 of the Trade Marks Rule, 2017, a Notice of Opposition must contain:
- The application number against which the opposition is entered;
- An indication of the goods and services with respect to the trademark application against which the opposition is filed;
- The name of the applicant of the trademark application;
The grounds on which the opposition is based.