As a process of registering a Trade mark, every accepted application shall be published in the Trade mark Journal before getting registered. Any aggrieved person can file a notice of opposition to the registrar, on certain grounds as mentioned in Section 21 of the Trade Marks Act, 1999. However, a trade mark shall not be refused on the grounds as mentioned in Section 11(2) and (3), unless an opposition has been filed.
TRADE MARK OPPOSITION
LIST OF GROUND OF OPPOSITION
- Trademark to be registered is neither distinctive nor capable of distinguishing.
- Not capable of representing graphically.
- The Trade mark is a ordinary word or quality of the goods that is not capable of getting registration.
- The user claimed in the application for registration is false.
- If the mark causes infringement to the earlier registered trademark.
- If the trade mark is similar to another trademark.
- If the trademark contains obscene matters.
- If the trademark represent denotes any anti-national character.
- If the nature of trademark deceive the public.
- If the nature of Trademark hurts the religious sentiment or any social group or a particular class of people or the citizens.
The opponent who files the notice of opposition need not be a registered Trademark owner or any IP owner. It can also be done by the public, purchaser or consumer.
ESSENTIAL TO BE FULFILLED FOR FILING SUCH NOTICE OF OPPOSITION
- Notice of opposition shall be filed under the prescribed form
- It should be filed to the Registry under proper territorial jurisdiction.
- It shall be filed with proper prescribed fees.
- It shall abide by Rule 18 of Trade Marks Rule, 2017
- Signature of the opponent shall be done under Rule 13 of Trade Marks Rule, 2017.
- The notice of opposition shall contain certain particulars as prescribed under Rule 43 of Trade Marks Rule, 2017.
Within two months from the filing of notice of opposition, the opponent shall provide the evidence of opposition to the registrar.