Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.

Eligibility

According to Section 21 of the Trademark Act, ‘any person’ can oppose a trademark, irrespective of their commercial or personal interest in the matter.

A trademark can be countered by a customer, member of the public, competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.

After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered.

Anyone who believes that the published mark might create confusion among the public can file for the opposition while defending the trademark lies in the trademark registrant’s hands.