Trademark Opposition in Coimbatore

Trademark Opposition - Overview

The Act prescribes that any person can file a notice of opposition against the Trade mark which is advertised or re-advertised in the Trade Marks Journal within four months from the date on which the trade mark application was announced or re-advertised in the Trade Marks Journal, i.e. the date of publication of the Journal or the date on which it is made available to the public.Any person can file a notice of opposition in India, and he is not required to have an application/registration in India to oppose any Trademark. Further, on expiry of the four-month deadline, no notice of opposition can be filed and the Trademark proceeds to registration. The only recourse left after that is filing a rectification action against the registration.
trademark opposition in coimbatore

Who can oppose a trademark?

Section 21 of the Trademarks Act, 1999 says that “any person” who wants to oppose a trademark application can do so by filing a Notice of Opposition on the prescribed form along with the prescribed fee. The opponent does not necessarily have to be a registered proprietor of a trademark. He can be a purchaser, customer, or a member of the public likely to use the goods. The rationale behind this is that the opponent is representing himself and the public at large because having two similar marks in the market can only result in confusion amongst the public.

A Trademark can be opposed on the following grounds:

  1. Absolute grounds of refusal as provided under Section 9 of the Act, i.e., the Trademark not being distinctive or not being capable of distinguishing the goods/services of the Applicant from those of others.
  2. Relative grounds of refusal as provided under Section 11 of the Act, i.e., the Trademark being phonetically, visually, conceptually, confusingly, and deceptively similar/identical to the Opponent’s Trademark.

Other relevant grounds depending on the facts of the matter i.e. the applicants’ Trademark being well-known.

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