Trademark Opposition Price - 4999/- + Govt. Fee Extra Book Now

Who can oppose a Trademark Application:
As per Section 21 of The Trademarks Act, 1999 Any person may within 3 months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar of opposition to the registration. Form TM-5 to be filed for objection under section 21 of the Trademarks Act, 1999. For counter-statement Form TM-6 to be filed with the Trademark registry.
Reasons for Trademark Opposition
The various grounds on the basis of which a person may initiate Opposition proceedings are:

• The trademark is similar or identical to an earlier or existing registered trademark.
• The mark is descriptive in nature.
• Application for the trademark is made with bad faith.
• The mark is devoid of distinctive character.
• The mark is customary in the current language or in the established practices of business.
• The mark is contrary to the law or is prevented by law.
• The trademark is likely to deceive the public or cause confusion.
• The trademark is prohibited under the Emblem and Names Act, 1950
• The mark contains matters that are likely to hurt religious feelings of any class or section of people.

Thus the trademark opposition is an timely remedy available to the registered proprietor/ prior user of a trademark. All that the registered proprietor/ prior user is required to do is to be vigilant on trademark watch and initiate an appropriate proceeding at the right time.