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Trademark Opposition

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Trademark Opposition

As per section 21 of the Trademarks Act, 1999 any person can file a notice of opposition against the Trademark regardless of whether he has a personal or commercial interest in the matter . Such a notice is to be filed with Registrar of Trademarks within 4 months from the date of advertisement of trademark in the trademarks journal.According to the Trademark Act of 1999, after an application has been submitted by any person to the Registrar of Trademark, after the review of the application then registrar will publish it on the official trademark journal. Any person who is against it or have any problem with this then can file an application and then trademark authority will hold the process and will listen on the matter.

Trademark Opposition Delhi

Eligibility of Initiation of Trademark Opposition

As per Section 21 of the Trademark Act of 1999, any person may file an application against the trademark whether that person is customer, member from public, person irrespective of their commercial or personal interest or any person this thing that this trademark bring the confusion then the person can also file an application against it.


Grounds on which Trademark opposition application can be filled are as follows-

According to Indian law there are no specific grounds of opposition but there are various reason where an application can filled against the trademark are given below-

  • a- The trademark is similar or identical to any of the previous trademark.
  • b- The descriptive of trademark is similar.
  • c- The trademark is against the law or prohibited by the law.
  • d- The reason for trademark is bonafide.
  • e- The trademark may affect the religious sentiment of any person.

Procedure after an application is filed against the trademark is as follows-

  • Step 1- An applicant will respond with the counter statement.
  • Step 2- Both parties have to present evidence to support their statement and procedure.
  • Step 3- Then registrar will hear and determine the procedure of outcome.
  • Step 4- Then final order will be passed.