How to File Trademark Opposition in India: Procedure & FAQs
Contents
- How to file trademark Opposition in India
- What is show Cause Hearing?
Introduction: Trademark Opposition
How can I file an opposition against the party using my trademark or a similar trademark?
If you realize that some party has applied for a trademark registration that is similar to your own registered trademark, then you must have to wait for the opponents’ TM application to be marked with “Published in journal” in order to be eligible to file an opposition against it.
Once the opponent’s TM application is published in journal, people at large is given a permission to file trademark opposition within 4 months after it is published in the journal.
Steps to follow for filing a trademark opposition:
Step 1: Collect proofs to create a valid ground of opposition.
In order to make a powerful opposition, you are suggested to collect proofs like-
- Your registered Trademark/ logo
- Registered trademark’s application number
- Proofs of geographical sales under the registered trademark
- GST number or Msme certificate, etc
Step 2: Fill & submit a form TM-O
Approach a prudent trademark specialist/agent/attorney, who may fill a FORM TM-O with valid information and attach a few valid and supportive documents to make your opposition stand on powerful grounds. And submit it online through IPIndia government portal for trademark registration.
Step 3: Submit fee
The Government fee for filing a trademark opposition is Rs.2700/- as of now. The opposition form TM-O must be submitted along with the prescribed opposition fee in order to file the opposition successfully.
Step 4: Issuance of Notice to the opponent
Once the opposition form is submitted along with the prescribed fees, the registrar may take 1-2 months to check and process the query and then issue a notice to the opponent to file a counter statement within two months from the date of issuance of the notice.
Case 1: If the opponent fails to file the counter statement within the 2 months’ timeframe after the issuance of the notice or opposition
Then the opponent’s trademark request will be demolished and abandoned.
Case 2: If the opponent files a counter statement within two months after the issuance of the notice
Then the registrar will be entitled to take a valid decision based upon the proofs collected from both the parties. In case the registrar doesn’t get satisfied, then he may invite both the parties for a show-cause-hearing.
What is a show cause hearing?
A show cause hearing is an invitation to the opponent parties fighting for a trademark. In a show cause hearing, parties are allowed to come prepared with their documents to support their trademarks. Show-cause-hearing is a head to head discussion between the opponent parties in the presence of the trademark registrar.
And thus the registrar reaches a decision to either register or reject a trademark.
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