Last updated: July 13th, 2023 10:04 AM

Trademark Opposition and Timelines for Trademark opposition in India

A trademark opposition is an administrative proceeding that happens before the Trademark Registrar. Here one party is seeking to prevent another from registering a Trademark. Indian Trademark law is based on common law principles. The Indian Trademark law provides enough checks and securities to maintain the uniqueness of the registered marks in the registry and also to protect the creator's rights from infringement. Trademark Act of 1999 provides three-security for Trademark registration. At first, the official checks the mark and assesses the uniqueness and will only approve if he does not find a similar trademark already registered in the existing database of the registry. In case if he fails to check it properly then the mark will be published in the Trademark journal which is published from time to time every week and can also be viewed on www.India.nic.in/journal-to-Html. which is the official website of the Registrar of Trademarks. One can file an opposition against subject trademark stating their objections as they are provided under Section 21 of the Trademark Act,1999. Generally, a time limit of three months is allowed for initiating the trademark opposition proceeding after it appears on the journal for the first time but that can be extended to a maximum of four months. Once opposed the trademark application status will reflect as opposed and the Registrar is open to taking evidence as well as hearing the party's side and making a decision further. Thirdly once the trademark appears on the journal and it remains unopposed for four months then the trademark gets registered and after that one can initiate the rectification proceeding to cancel or vary the registration.

What are the stages for trademark opposition proceeding?

Step 1 Filing an opposition Notice/ Filing a Counter statement: