trademark-opposition in Gujarat

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Trademark Opposition

What is Trademark Opposition in Gujarat?

When a third party challenges a trademark’s registration after it has been published in the Trademark Journal, this is known as trademark opposition. Someone who feels the pending application contradicts their current trademark or corporate identity files the opposition.

Who Can Oppose a Trademark Application?

Any individual or business with a legitimate interest in the outcome of a trademark registration can file an opposition. Common reasons for opposition include:

The new trademark is similar to an existing one.

It may cause confusion among customers.

The trademark harms an existing brand’s reputation.

What Are the Grounds for Trademark Opposition in Gujarat?

A trademark application can be opposed for several reasons, including:

1. The mark is a generic term for the goods/services.

2. The mark is primarily a surname.

3. The mark is confusingly similar to another registered trademark.

4. It is prohibited under the Emblems and Names Act, 1950.

5. The mark is scandalous, obscene, or immoral.

6. The mark is customary in trade practices.

7. The mark contains offensive religious references.

8. The applicant has used the mark in bad faith.

9. The mark is descriptive and lacks distinctiveness.

10. The mark is likely to deceive the public or cause confusion.

How to File a Trademark Opposition in Gujarat?

File Form TM-O within 4 months of the trademark being published in the Trademark Journal.
Ensure the opposition is filed on time, as late applications are not accepted.

What Happens After a Trademark Opposition is Filed?

The trademark applicant must respond by filing a Counter Statement within 60 days of receiving the opposition notice.

If the applicant fails to respond, the trademark is considered abandoned.

If a response is submitted, the process moves to the evidence stage:

1) The opponent submits supporting evidence within 2 months. 2) The applicant then files a reply with their evidence within the next 2 months.

The matter is then decided by the Trademark Registry based on the submitted evidence.

FAQs on Trademark Opposition

Can anyone oppose a trademark?

Only those with a legitimate business interest can file an opposition.

What is the time limit for contesting a trademark?

After the mark is released, a trademark objection must be filed within four months.

What happens if I don’t respond to an opposition notice?

Your trademark application will be abandoned.

What is Form TM-O?

It is the official form used to oppose a trademark registration.

Can I oppose a trademark after it is registered?

No, opposition can only be filed while the application is pending.