Trademark Opposition and Hearing

Trademark Opposition?

What is Trademark Opposition?

Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. In response to the trademark opposition, the trademark owner has to give a suitable reply to such Trademark Opposition.
When the applied trademark is published in the Journal of Trademarks, anyone can oppose the published trademark within 3 months from the date of journal publication. This situation is known as Trademark Opposition.

Why should a trademark opposition be filed?

Given below are some circumstances why you must oppose trademark publication:-

  • The trademark is identical to an already existing registered trademark.
  • The trademark is not of a unique character.
  • The trademark is having a descriptive nature.
  • The trademark registration application has not been made with a good reputation.
  • The trademark is considered to misguide the general public or may create confusion.
  • The trademark is violating any prevailing law.
  • The trademark has been prohibited under the Emblem & Names Act, 1950.
  • The trademark is likely to hurt the religious sentiment of a particular section of people.

What is the time limit for trademark opposition?

You can oppose trademark publication within 3 months from the date of advertisement of the applied trademark in the Journal of Trademarks. The time period can be extended up to 1 month in special circumstances only.

Authorized Signatory of Trademark Opposition

The notice of opposition should be signed by the trademark opponent or by an authorized person who is acquainted with the facts of the case. The person signing should reference the numbered paragraphs of the notice of opposition, along with the date and the place at which it was signed.

How to apply Trademark Opposition?

You need to file Form T-5 a trademark opposition form in order to oppose a published trademark. Form T5 has to be filed to the applicable trademark office where such trademark was applied. The trademark opposition Form T5 must contain the following details:

Details about the trademark application

  • Trademark Application number;
  • Description of the goods or services mentioned in the trademark application;
  • Name of the Trademark Applicant.

Details of the Opposing Party

  • If TM opposition filed by trademark owner of the previous trademark: Name and address of the trademark owner along with a statement that the person is the owner of such a trademark.
  • TM opposition filed by a trademark licensee: Name & address of trademark licensee along with a statement that the person has been authorized to file the TM opposition;
  • TM opposition is filed by a successor of the owner of the registered trademark: Name & address of successor and statement of the date when the application for trademark registration of the new owner was received by the appropriate office or, where this information is not available, was sent to the appropriate office;
  • TM opposition is filed abroad: Name and address of the opposing party and address for service in India.

ABOUT TRADEMARK HEARING

Why trademark hearing required?

In the case of trademark objection, if TM office is not satisfied with the TM objection reply, the applicant to give further clarifications to the examiner. This is called Trademark Hearing.

What is trademark objection Reply?

If a trademark application is objected by the authority, the applicant has to file a reply to the trademark objection before the trademark office.

Trademark hearing notice

The trademark hearing notice is sent to the applicant on the business address provided by him on the trademark application

How to know about Trademark hearing?

If the trademark application status is displayed as "show cause hearing", it means that trademark hearing is scheduled.

Objections in Trademark hearing

In the case of Trademark hearing, the raised objections by the authority are in relation to the trademark examination report.

Trademark hearing date

After checking the trademark application status, the applicant must download the hearing notice and note down the Trademark hearing date

When is Trademark Hearing scheduled?

When trademark objection reply is submitted online within 30 days from the date of the trademark examination report issued, the Trademark officer reviews the reply and all the clarifications made. If the reply is accepted by the registrar, the trademark will be registered.
Else, the trademark status will be shown as Ready for show cause hearing. Trademark hearing notice will be issued in the next few months. It mentions the Trademark hearing date and time of the hearing.

OUR PROCESS

1

Upload the required documents & information to our web portal

2

Choose Package and Pay online with different payments modes available

3

On placing the order, your application is assigned to one of our dedicated professional

4

Our professional will prepare & draft the reply required for the trademark objection

5

Submit the reply of trademark objection to the examiner online

6

Provide examination report reply acknowledgment via email

Documents Required in Trademark Hearing

Authorization letter

Usage Affidavit

Sufficient proof for claim

Form TM-16 (if needed)