Last updated: November 7th, 2017 4:20 AM

Who can file trademark opposition?

During the trademark registration process, members of the public are provided with an opportunity to oppose a trademark filing and prevent the mark from being registered. In this article, we look at the trademark opposition process and who can file a trademark opposition.

Trademark Opposition Process

After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). Trademark opposition filings can be done only at the Trademark Registrars office and cannot be taken directly to a Court or the Appellate Board (IPAB). If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the trademark will be registered.

Who can file trademark opposition?

According to Section 21 of the Trademark Act,