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Trademark Opposition

A trademark application filed by an applicant can be opposed by any person for various reasons during the trademark application stage . The person filing the opposition need not have any commercial or personal interest in the matter or be a prior registered trademark owner.
A trademark is always published in the trademark journal before final acceptance. If no opposition to the published application is received within 4 months of the publication or if received, the same is disposed in favour of the applicant and the application is moved for registration.

Who may oppose the Application?

“Any person” may give a notice of opposition to the registration of a trade mark. The person filing the opposition need not to have any commercial or personal interest in the matter or a prior registered trade mark owner. The question of bona fides of the opponent does not arise.

Lower the chances someone opposes

With over 4 million existing trademarks on the Federal Register, sometimes a trademark opposition is going to be inevitable. However, the best way to avoid a trademark opposition is a comprehensive trademark search before you even file your trademark application. By using a trademark search specialist to review federal, state, and common law trademarks that might be similar to your mark, your application can be carefully tailored to maximize the chances of a successful registration.

Grounds Of Opposition

  • Absolute grounds
  • Relative grounds
  • Any prohibitions
  • Absence of consent in writing
  • Besides, the opponent may also raise objection with regard to the proprietorship of the trade mark opposed

Producing Evidence in trademark opposition

  • Evidence in Support of Opposition
  • Evidence in Support of Application
  • Evidence in reply
  • Hearing
  • Appeal