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Trademark Opposition

Market Price: ₹2540

World Legal India Price: ₹1300

Legal process allowing a third party to challenge a trademark application before registration under the Trade Marks Act, 1999.

Structure for Document:

  1. Title: Trademark Opposition

  2. Description: Short description (max 30 words)

  3. Content: 150–200 word detailed explanation

  4. Process Steps (optional):

    • Monitor the Trade Marks Journal for published trademarks

    • File opposition within the statutory period with grounds and evidence

    • Applicant files a counter-statement addressing the opposition

    • Attend hearings and present arguments before the Registrar

    • Receive final decision and take necessary follow-up actions

PDF

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Trademark opposition is the procedure through which any person or entity can object to the registration of a trademark by filing an opposition with the Trade Marks Registry. Opposition can arise when the proposed trademark is identical or similar to an existing trademark, likely to cause confusion, is descriptive, or does not meet statutory requirements. The process begins after the trademark is published in the Trade Marks Journal, providing a statutory period for filing opposition, typically four months. The opposing party must submit grounds for opposition and supporting evidence. The applicant then has an opportunity to file a counter-statement addressing the objections. The Registrar examines the submissions, may conduct hearings, and ultimately decides whether to accept, modify, or refuse the trademark application. Professional guidance is recommended to draft precise counter-statements, prepare evidence, and attend hearings effectively. Successfully navigating trademark opposition protects intellectual property, ensures legal enforceability, and maintains brand integrity. Timely and well-prepared responses to opposition safeguard the applicant’s rights and prevent rejection or disputes in future commercial use.

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