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Who is Eligible to Oppose a Trademark in India?
In India, virtually anyone can lodge an opposition against a trademark application as per Section 21 of the Trademarks Act, 1999. Here's who is entitled to file an opposition:
- Individuals with Relevant Interest: You do not necessarily need to possess a registered trademark to oppose. This category includes consumers, purchasers, or anyone likely to utilize similar goods or services.
- Protectors of Public Interest: You can oppose if the mark infringes upon the law or the Emblem and Names Act, 1950 (for example, national symbols).
- Guardians of Religious Sentiments: You have the right to oppose if the mark is deemed offensive or disrespectful to any religious community.
How It Works
Step 1:
Start by filling out our simple online form and making a secure payment.
Step 2:
A dedicated trademark expert will contact you to discuss your case.
Step 3:
Our expert will thoroughly analyze your situation and prepare a comprehensive report.
Step 4:
We'll draft a strong opposition document based on your case details.
Step 5:
You'll receive the draft opposition document for review and approval.
Step 6:
Once approved, we'll submit your opposition filing to the authorities.
Trademark Opposition Packages
Respond to Opposition Notice
- Professional Fee: INR 1999
- We'll file a reply defending your trademark against an opposition.
- Expert support via phone and email
- Drafting and filing your opposition reply
- Free initial consultation
File Opposition Notice
- Professional Fee: INR 2499
- We'll file an opposition notice to challenge another party's trademark.
- Expert support via phone and email
- Drafting and filing your opposition notice
- Free initial consultation
Full Opposition Service
- Professional Fee: INR 4499
- Handle your entire opposition from notice filing to reply & (if needed) hearing.
- Expert support via phone and email
- Drafting and filing opposition notice & reply
- Power of Attorney Change (if applicable)
- Extension of time form (if applicable)
- Free initial consultation
Opposition Reply & Hearing Representation
- Professional Fee: INR 19549
- We'll represent you at the trademark hearing after filing your reply.
- Expert support via phone and email
- Drafting and filing your opposition reply
- Free initial consultation (for reply filing)
Trademark Hearing Representation
- Professional Fee: INR 14350
- Our lawyers will represent you at your trademark hearing.
- Expert support via phone and email
- Free initial consultation
Documents Required for Trademark Opposition
- Your name, address, and nationality
- For businesses, a copy of your registration certificate
If you're using a lawyer or legal firm, you'll need a signed power of attorney authorizing them to act on your behalf.
A sworn statement containing details about your trademark, its usage, and proof of use.
- Name of the party opposing your trademark
- Reason(s) for filing the opposition
Benefits of Trademark Opposition Services
Registering your trademark protects your brand value and reputation by preventing others from using a similar mark.
Trademark opposition allows you to prevent others from using confusingly similar trademarks that could dilute your brand's reputation.
By opposing confusing trademarks, you help protect consumers from being misled about the source of products or services.
Key Points to Remember
- According to Rule 44 of the Trademark Rules, 2017, you have 2 months to file a counter-statement in Form TM-O if your trademark application is opposed.
- Failure to file a counter-statement within the deadline may result in your application being rejected.
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