CONTACT US

WHAT IS TRADEMARK OPPOSITION?

Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. In response to the trademark opposition, the trademark owner has to give a suitable reply to such Trademark Opposition.

When the applied trademark is published in the Journal of Trademarks, anyone can oppose the published trademark within 3 months from the date of journal publication. This situation is known as Trademark Opposition.

WHY SHOULD A TRADEMARK OPPOSITION BE FILED?

Given below are some circumstances why you must oppose trademark publication:-

  • The trademark is identical to an already existing registered trademark.
  • The trademark is not of a unique character.
  • The trademark is having a descriptive nature.
  • The trademark registration application has not been made with a good reputation.
  • The trademark is considered to misguide the general public or may create confusion.
  • The trademark is violating any prevailing law.
  • The trademark has been prohibited under the Emblem & Names Act, 1950.
  • The trademark is likely to hurt the religious sentiment of a particular section of people.

WHAT IS THE TIME LIMIT FOR TRADEMARK OPPOSITION?

You can oppose trademark publication within 3 months from the date of advertisement of the applied trademark in the Journal of Trademarks. The time period can be extended up to 1 month in special circumstances only.

AUTHORIZED SIGNATORY OF TRADEMARK OPPOSITION

The notice of opposition should be signed by the trademark opponent or by an authorized person who is acquainted with the facts of the case. The person signing should reference the numbered paragraphs of the notice of opposition, along with the date and the place at which it was signed.

HOW TO APPLY TRADEMARK OPPOSITION?

You need to file Form T-5 a trademark opposition form in order to oppose a published trademark. Form T5 has to be filed to the applicable trademark office where such trademark was applied.

The trademark opposition Form T5 must contain the following details:

PACKAGES

Basic

8699
Plus taxes

Filing of Trademark Opposition with the Trademark Department.

Standard

Filing of Trademark Opposition with the Trademark Department and filing of evidences

Premium

Filing of Trademark Opposition with the Trademark Department, submitting evidences & attending hearing

Check out our Customer Reviews



frequently asked questions

Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. 

 

In case the trademark opposition arises, the trademark owner has to give a suitable reply to such Trademark Opposition.

 

Once a trademark is published in the Journal of Trademarks, one can oppose the published trademark within 120 days from the date of publication of trademark in the journal.

 

Here are the situations when it is important to oppose a trademark publication:-

  • The trademark is similar to an existing registered trademark.

  • The trademark is not having a unique nature.

  • The trademark is of a descriptive nature.

  • The trademark registration application has not been made with a good reputation.

  • The trademark is considered to misguide the general public or may create confusion.

  • The trademark is violating any prevailing law.

  • The trademark has been prohibited under the Emblem & Names Act, 1950.

  • The trademark is likely to hurt the religious sentiment of a particular section of people.

 

The authorized signatory in the case of Trademark Opposition is the trademark opponent himself or an authorized person who is aware of all facts related to the case of Trademark Opposition. Such a person has to sign the Trademark Opposition and he should specify the appropriate paragraphs in the notice of opposition, with the date and place of signing of the Trademark Opposition.

 

Any person (third party) can oppose the publication of a trademark in the journal. An opponent may be one individual or a company or firm. There must be at least one ground of opposition in proper detail to which the trademark applicant will give a suitable reply. 

 

No. You can oppose only a trademark that has been currently applied for registration, but which is not yet registered. Trademark opposition can take place within 120 days from the date of publication of the trademark in the journal.

 

Yes, we can assist you in the process of Trademark Opposition in your town as well.

 

No, You don’t need to be physically present for the process, Legal Papers India is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.

 

STILL NOT FOUND YOUR ANSWER THEN ARRANGE A CALL BACK




For any Enquiry +91-9315247392
Legal Papers India Mobile App

NOW YOUR LEGAL PARTNER ONE CLICK AWAY WITH LEGAL PAPERS INDIA APP!

Download our free application from Play store to get current time legal update and track your order status.
Easy to connect with our professional on call, chat & email.

Get Legal Papers India in your mobile

Why Choose Us