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We all know a lot about Trademark Registration, now it’s also important to know about what may happen after trademark registration in India.
Let us understand the concept of opposition, generally opposition as the name suggest means the act to register a disagreement with something. In process of Trademark Registration and prosecution process, trademark opposition process is one such act that enables the general public to oppose an accepted and advertised mark published in a Trademark journal.
Now let us proceed to understand who may oppose an accepted trademark, what is the timeline to oppose a trademark and moreover what are the grounds on which an accepted and advertised trademark may be opposed.
Who can file Trademark opposition in India?
Anyone who thinks that an accepted and advertised mark is granted by examiner is wrong may oppose the said trademark, by filing the TM-5 form on the payment of prescribed fees.
Timeline for filing Trademark Opposition.
Once the mark to be opposed is published in Trademark journal, the person willing to oppose the said trademark has to file a proper TM-5 within four months from Date of publication of the mark in trademark journal.
Now it is clear that anyone may file for trademark opposition in India, but on what grounds one can do so.
Below are the grounds on which trademark opposition can be filed in India:
Grounds for Trademark opposition may be sub divided into two broad classes such as Relative grounds and absolute grounds:
These grounds are mentioned under Section 9 and Section 11 of the Trademarks Act.
Under Section 9 the trademark may be opposed in case the published trademark is devoid to distinctive character and is descriptive in nature, or is associated with any of the inherent qualities of the product or services for which it is filed.
Or the trademark advertised may create confusion among the public with the already existing Trademark on Record.
Under Section 11 of the Trademarks Act , a person may object over the advertised mark in case it is in conflict with a wellknown mark or is in contravention to copyright law or may give unfair advantage to the brand over the existing mark.
Once the person willing to oppose any of the published mark , he shall clearly list out the jurisdiction, the validity of TM-5 in terms of time limit and grounds of opposition including the evidence to support the claims.
Learn various steps involved in Trademark Opposition with this simple flowchart.
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