Get to know why Trademark Opposition is required

In essence, a trademark is a mark or symbol that has a visual representation. It could be a word, a logo, a design, or a word and colour combination. A trademark helps to differentiate a specific brand and create a unique impression in the market. A registered trademark leaves a distinct impression on consumers' perceptions of the products and services they offer.

The process of registering a trademark is drawn out and intricate. One of the steps in the TM Registration process is the opposition process for a trademark. Anyone who believes their trademark is being violated may file a trademark opposition and in this case, you should know why Trademark opposition is required. The entire process, the basis for the opposition, the goal, and the length of the TM opposition process will all be covered in this article.

Let’s understand what and why Trademark Opposition is required

According to section 9 (1), 11 and 21 of the Trademark Act 1999, states that a permit for opposition or objection is applied to the trademark. In this situation, a trademark can be put on hold in the middle of a registration process. The oppositions are mainly raised by the third party when the concerned person notices any kind of similarity with the existing trademarks. Another way of Trademark opposition is if any third party raise the objection after the Trademark has been published in the Trademark Journal. The Trademark journal is a public document and anyone can raise opposition if they think that the mark is having similarity.

The time period for raising an objection is 4 months from the publication of the trademark. The main aim of this is to avoid infringement on any person’s Intellectual property.

Who can Oppose a Trademark?

“Any person” can oppose a trademark under section 21 of the Trade Marks Act 1999. The principal regarding this has been set in P.N. Mayor v/s Registrar of Trademarks (AIR 1969 Cal 80), "Any person" does not necessarily have to be the prior owner of a registered trademark; customers, buyers, or members of the public who are expected to use the goods or services may object to the registration of a trademark on the grounds of possible confusion or deceit. As a result, anyone may oppose a trademark application; the Registrar only takes the opposition's merits into account, not the opponent's motivation.

Now let’s check out the ground on which you can raise Trademark Opposition:

Confusion Regarding the Mark: If your mark is similar to any other existing mark that can raise confusion in the minds of the customers or clients, and that can be opposed by any third party.

Geographical Indication: If your mark signifies any place name or any geographical term, that can be opposed or that cannot be registered as a trademark.

Generic Term: Your mark should not contain any kind of generic name or term that states any services or goods. If your mark contains such generic terms then it can be opposed.

Famous Personality: If your mark contains or symbolizes a famous personality or entity, on that ground your mark could be opposed.

Prior Use: If someone else has already used that trademark, regardless of registration status, objections to the applied mark that appears similar may be raised.

Let’s get into the Trademark Opposition Process:

Filing Opposition Notice: After the publication of the trademark in the journal, then it is an open platform, any third person can oppose that trademark. If any third person finds any discrepancies or issues then they can raise opposition against the trademark you applied for.

Notification to the Applicant: When the opponent files any objection, then you will get a notification regarding the opposition. You will be entitled to get an opposition statement and other relevant documents from the other side.

Evidence Filing: You must provide the counterstatement in response to the opposition within two months. They must include all relevant documentation supporting their objection in their statement. Every item of evidence is also copied and given to you by the opponent.

Both the opponent and the registrar may get the applicant's relevant documents. Subsequently, the adversary will present further documentation to bolster their position to prove each of them right.

Hearing of the Objection: After getting the relevant evidence from both the parties the concerned trademark registrar will conduct a hearing. During the hearing, both parties will get equal opportunities to prove their point. If you remain absent on the day of the hearing the trademark will be rejected.

Order: After checking all the documents and all the evidence of both parties, the registrar will decide whether the mark will be registered or not. If the concerned registrar is satisfied with the evidence you provided, then you will get the order of acceptance of your mark.

Purpose of Trademark Objection:

There are many purposes of Trademark Objection, to mention Some of them are:

• Trademark objection safeguards any existing trademark rights.
• TM-objection protects against confusion among the consumers, regarding a brand.
• TM-Objection promotes fair competition between the brands as there are a lot of businesses running for growth.
• Trademark opposition also helps in enhancing transparency, as anyone cannot copy anyone’s intellectual property right without their prior permission.

How can you Avoid the Trademark Opposition Process:

An obstacle in your registration process may be the trademark opposition procedure. It might make rejection or refusal more likely. The following points can assist prevent the possibility of a trademark opposition procedure:   

• You have to conduct a thorough Trademark search, before applying for Trademark registration. Trademark search assists you with the availability of the mark that you want to register.
• The applicant needs to work with a TM Attorney to minimize the possibility of trademark opposition. With years of knowledge, this lawyer can help you understand the entire process. As your TM attorney, "Online Legal India" might be your best option.
• An individual or company must select a powerful and distinctive mark to serve as a trademark in order to establish a distinctive identity. Preventing the possibility of opposition is also beneficial.
• The owner of a trademark must promptly renew it when it has been fully registered. If not, there may be an opportunity for infringement and the trademark to be abandoned. Timely renewable raises the likelihood that a firm will grow in the future.

Conclusion: Another crucial step in the trademark registration procedure is the opposition procedure. The TM-O filing, counterstatements, replies, and hearings are only a few of the numerous steps in the TM opposition process. The TM Opposition procedure aids in defending already-existing trademark rights. Through this method, a person or company gains full authority to voice their objections and safeguard their brand identity.

However, you have to submit all the relevant documents during the registration of your Trademark. In case you get into the opposition and get stuck then you have to provide all the statements and documents which support your stand on the trademark registration. After all, you should have a clear vision about why Trademark Opposition is required and in one word the answer is Trademark Opposition helps to protect anyone's intellectual property so, that no one can infringe on anyone’s intellectual property without their prior permission and consent. If you think that this process is hectic or complex to follow then you can contact Online Legal India as we have the best Trademark experts who have catered to a lot of clients till now. Most of the clients are happy with the services that they get from Online Legal India.