Trademark Opposition

At TrademarkIndia, our team think that every creator should have the solid confidence that their work is adequately protected. Our wide range of Copyright Application Services enhances you with full and complete protection for all your creativity and innovations in order to avoid, and discourage those who would want to use your creations in any way.

What is Trademark Opposition?

Trademark opposition is a legal process whereby an independent third party disputes the registration during publication. After filing the trademark an application goes to the examination stage any individual can challenge the trademark registration if the trademark affects their property rights.

Why You Should File a Trademark Opposition?

Brand Protection

By opposing, you can save your brand from being confused with other brands or being in the marketplace.

Maintain Market Exclusivity

It is because opposition helps maintain the novelty of your brand so that competitors do not steal your niche in the market.

Legal Safeguard

And it is a more calculated approach to dealing with any form of piracy before it reaches the more advanced stage of a lawsuit.

Why Trademark Opposition?

Protects Established Brands: Trademark opposition assists in protecting companies from other trademarks that are very similar to their brands, which may affect the reputation of their brands.

Prevents Unfair Competition: It helps to prevent new trademark owners from creating confusion that resembles already existing marks to the public.
Avoids Future Legal Issues: File against a conflicting trademark as soon as possible to avoid the wrath of litigation costs in future.

The Trademark Opposition Process Publication: Having gone through examination the trademark is published in the trademark journal and the public has an opportunity to file an opposition.

Notice of Opposition: If it is its view that the trademark causes prejudice to the rights of anybody, then such a person must lodge an opposition within a specified time (30-90 days depending on the jurisdiction).
Counterstatement: The trademark applicant has an opportunity to file a counterstatement in the superintendence of the trademark.
Evidence Submission: The members of the two parties make their presentations in support of their allegations.
Hearing: The trademark office sets a date when both parties get to defend their case.
Decision: The decision on whether the trademark should be registered or not is up to the trademark office after the consideration of the evidence and arguments.

How to file a Trademark Opposition?

Conduct a Thorough Search: In most cases, it is recommended that a search of the trademark sought to be registered is done to ascertain its validity
Draft a Notice of Opposition: Prepare a legal document outlining your reasons for opposition, including any trademarks, design marks, or logos that could be affected.
File with the Trademark Office: Submit your opposition within the required window. Ensure you meet the deadline, as late filings are often dismissed.
Prepare Evidence: Collect and organize your evidence, such as prior trademark registrations, proof of use, and market reputation.
Engage Legal Support: While filing an opposition, having an experienced trademark attorney will increase your chances of success.

Need Help With Trademark Opposition?

Our Trademark India team specializes in trademark oppositions, ensuring your brand remains protected and exclusive. We offer end-to-end support, from the research phase through to the hearing, helping you defend your intellectual property rights. Contact us today for a free consultation and ensure your brand remains safe and secure.

TrademarkIndia – Your Trusted Partner in Intellectual Property Protection.