Initiation of Trademark Opposition

Section 21 of the Trademarks Act, 1999, provides that any person can file a notice of opposition to the Registrar. This includes companies, individuals, trusts and partnership firms. Thus, any aggrieved third party can raise opposition to trademark registration.

Trademark Opposition Process

The process of trademark opposition are as follows:

Notice of Trademark Opposition

Any person can file for trademark opposition to the Registrar within four months from the date of advertisement of the registration application in the trademark journal by giving a notice in Form TM-O and payment of fees.

The notice should contain the application (trademark registration application) details, opposing party details and grounds of opposition. The Registrar should serve the copy of the notice of opposition to the applicant (person who filed the trademark registration application) within three months of receiving the opposition notice.

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