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Who is Legally Allowed to Challenge a Trademark in India?
Under Section 21 of the Trademarks Act, 1999, almost everyone can oppose a trademark application in India. Here are the parties that are entitled to file an opposition:
- People with interest: You do not necessarily have to own a registered trademark in order to oppose. This allows persons such as consumers, purchasers, or anyone who is likely to use similar goods or services.
- Protectors of public interest: You can oppose when a mark violates law or the Emblem and Names Act, 1950 (for example, national symbols).
- Guardians of religious sentiments: You are entitled to oppose when a mark is highly offensive or disrespectful for 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 a legal firm, you'd need to have a signed power of attorney authorizing said lawyer or legal firm 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 from being replicated by other people who want to use a mark the same as yours.
You can use trademark oppositions to prevent others from copying similar trademarks creating confusion to your reputation.
More broadly, by opposing confusing trademarks, it protects consumers in knowing the source from which a good or service comes.
Important Things To Note
- Your application for trademark opposition must be availed of, within the period of 2 months, for the counter statement in format TM-O, according to rule 44 of the Trademark Rules, 2017.
- Unavailability of counter statement within the time frame may lead to a rejection of your application.
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