Home > Trademark (TM) Opposition Reply
A trademark opposition reply is a proceeding where either the applicant or a third party can raise an objection against the trademark acquired by your company before it is granted legal status or published.
Trademark opposition is the legal act of objecting to a company’s published trademark. A trademark is a symbol, image, or words that legally represent a company or firm.
Typically, companies protect their business identity through trademark registration via the Department for Promotion of Industry and Internal Trade portal under the Ministry of Commerce & Industry. The trademark registration process can be lengthy and time-consuming, often requiring the assistance of experts.
However, there are several grounds on which a business, individual, firm, partnership, or trust of legal stature can object to a published trademark within four months of its publication in India. The trademark registry may also raise an objection against the applicant’s trademark, though they do so only for valid reasons.
Here are the grounds on which an opposition can be raised:
Lack of Meaning or Clarity: The trademark doesn’t convey meaning or clarify the nature of the company’s business. It should have distinctive features or indicate quality, quantity, intended purpose, values, geographical origin, or production time.
Likelihood of Confusion: The trademark may confuse the public and could be associated with an already registered trademark or one that has become common in commercial practice.
Offending Religious Sentiments: The mark contains material that may offend the religious sentiments of any class or group of people.
In India, when applicants apply for trademark registration, the application is processed by the Trademarks Registry. Applicants can check the status of their application through the online portal ipindia.gov.in. If the trademark has been opposed, the application’s status will indicate “Opposed.”
Responding to Trademark Opposition
There are two scenarios where you might need to respond to a trademark opposition:
In both cases, responding to the notice in a timely manner is crucial.
Step 1: Notice of Trademark Opposition
When someone opposes a trademark registration, the Trademarks Registry sends a notice of opposition to the concerned parties. This notice contains:
Step 2: Filling TM-O Form
The applicant receiving the notice of opposition must respond by filing a TM-O form. This form is essential for the response process.
Step 3: Drafting a Statement of Response
We will assist you in analyzing the opposition report and determining the possible reasons for the opposition. Afterward, we’ll help you prepare a proper response along with supporting documents, such as a registration application.
Note: It is mandatory to respond to the opposition within a certain period.
Step 4: Application Submission
Once you have completed the online formalities, the registrar will carefully consider your responses. Your application will be processed if found acceptable; otherwise, the registrar will schedule a hearing date.
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Trademark Opposition under Indian Trademark Law entails raising objections against a company’s publicly displayed trademark. Typically, this trademark takes the form of a logo, symbol, or image, representing a company’s values, beliefs, or core principles.
A trademark objection arises when an examiner or registrar raises concerns, while trademark opposition in India is initiated by the applicant or a third party.
From a legal perspective, when another company uses the same trademark as yours, they are, in essence, attempting to undermine your goodwill, audience, and loyal customer base.
Yes, someone can prevent you from using a trademark identical to another company’s. Copying another entity’s copyrighted or registered trademark constitutes a violation of trademark law.
Copying someone’s trademark or design without permission can result in a case of intentional infringement of a registered trademark. In terms of criminal penalties, this offense can carry a prison sentence of no less than six months and extend up to three years.
Fortunately, we offer a dedicated section on how to register a trademark online with expert guidance. Now, you can undergo a hassle-free trademark registration process in a few simple steps under the guidance of legal professionals.
As previously mentioned, any applicant can identify errors in a published trademark by filing an online application with the trademark registry. The government body also provides an online service to streamline the process. However, some applicants may find the digital process complex, for which they can seek guidance from professional consultancy services.
Indeed, you may need to submit a set of documents for the Trademark Opposition Process in India to formally challenge issues in published trademarks.
The trademark rectification process may take up to 4–6 weeks to receive approval.
Typically, the government will send a notice of opposition to both the applicant and the opponent. The trademark registry allows the applicant 30 days to respond to the case. Failure to respond may result in a victory for the opponent.
In India, trademarks are protected for a duration of 10 years following successful registration. Once the validity expires, companies typically need to reapply to register their trademarks once again.
Failure to respond to the opposition raised against a published trademark may result in the application being marked as abandoned.
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