Trademark Opposition

(Through our trusted partners in your local area)

Trademark Opposition

As per section 21 of the Trademark Act, 1999 says that “ any person” who wants to oppose a Trademark application can do so by filing a Trademark Opposition irrespective of their commercial or personal interest in the matter.

The Grounds for the Trademark Opposition are as below
The trademark is similar or identical to an earlier or existing registered trademark.
The trademark is descriptive.
The trademark registration application is made with bad faith.
The trademark is customary in the current language and or in the established practices of a business.
The trademark is likely to deceive the public or cause confusion.
The trademark contains matters that are likely to hurt any class or section of people’s religious feelings.

Our Process for Trademark Opposition

Fill the form & get started

Fill the basic form to get started

Discussion with the experts

The expert will call you & understand the class of your brand.

Draft & Docs Preparation

All necessary docs like KYC, Logo etc. along with the Draft.

Trademark formalities

Different process like Vienna codification, Examination of trademark, Objection if any & hearing if rejection occur

Our Plans

Drafting Opposition Notice / Notice reply & Filling
In person support

Drafting TM opposition notice, Reply & filings
Power of attorney Change
In person support

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Documents for Trademark Opposition

Documents for Trademark Opposition
Signed evidences
Sales invoices
Gov registration certificate
Product image / Logo
Social media screenshots
Details of opposition

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FAQ's

1. What is Trademark?

Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.

2. What is the eligibility to register a trademark?

To check the eligibility of the trademark, please speak to our service expert. Link

3. What can be register as trademark?

Any word, name or symbol, which is used to identify and distinguish products or services of one specific seller or service provider from those of the other competitor can be register as trademark.

4. What is the trademark class?

The trademark Registry has classified goods and services under 45 classes. The application of trademark must mention trademark class/ classes the goods/services represent.

5. What is meant by Trademark Objection?

The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is not satisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.

6. What is the difference between Trademark objection and Trademark Opposition?

The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.

7. What is the government fee to file a reply for the trademark examination report?

No there is no Government fee to file for a reply.

8. Does the applicant need to be physically present during the procedure?

No, the applicant doesn’t need to be physically present. Vyaapar Seva Kendra Team can help you draft a reply for the trademark objection.

9. What happens when the trademark reply fails to satisfy the trademark office?

In case the reply doesn’t match the criteria the trademark application gets rejected.

10. What to do if a trademark registration is rejected?

The intellectual property appellate board can be approached in case of rejection

Trademark Opposition