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What is Trademark Opposition?

When You Wish To Register a Trademark, The whole trademark registration passes through several stages. Trademark opposition is one of them. Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition.

Any Person Wanting To Oppose a Trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of advertisement of the mark.

It is First Sent to the Registry for review and if all the formalities are met, the Registry will then serve the notice on the other party.

Grounds for Trademark opposition

1. If The Trademark is similar or identical to an earlier or existing registered trademark.

2. If The Mark is devoid of any distinctive character or is descriptive.

3. The Trademark is likely to deceive the public or cause confusion.

4. If The Mark is customary in the current language, or it is in the established practices of business.

5. If The Mark is contrary to the law or prohibited under the Emblem and Names Act, 1950.

6. The mark contains matters that are likely to hurt religious sentiments of any class or section of people.

Document For Trademark Opposition

For Indivisual / Proprietorship

Business Proof (Light Bill Copy)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)

For Company / Partnership

Incorporation Certificate (If Company)

MSME Certificate

Partnership Deed (If Partner)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)