A Trademark Opposition is an important right and an administrative proceeding before the Registrar of the trademark, where one party prevents another from registering a trademark. India has a trademark law based on the common law principles. In India, the trademark law is developed and provided with enough checks and securities to maintain the uniqueness of the marks registered with the registrar and to protect the original creator’s rights from getting infringed.
Factors for opposing a trademark provided under the trademark act of 1999 are as follows:
- The trademark should be identical to the earlier or existing registered trademark.
- Application for the trademark is not satisfactory.
- The trademark doesn’t follow distinctive character.
- The trademark is descriptive.
- If the trademark is likely to confuse the public.
- The trademark contains things that are likely to hurt religious feelings of any class, category or section of people.
- The mark is prohibited under the Emblem and Names Act of 1950
- The trademark is contrary to the law.
What is the time limit for filing an Opposition?
Time limit for filing an opposition is very important step. The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark.
Who can file a Trademark Opposition?
Under the Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition which includes individuals, companies, partnership firms and trusts. In cases where two or more persons have the same issues against a trademark, they can be joined together as opponents.
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