Trademark Opposition

After a trademark application is approved by the Trademark Registry, it enters a critical stage: publication in the government’s official journal for a duration of four months. During this time, any member of the public has the right to file an opposition against the trademark. This step is essential for determining whether the trademark can proceed toward registration or if there are legal objections that need to be addressed. gsttaxwala provides expert guidance and support to help you navigate the trademark opposition process in India, ensuring a smooth and effective resolution.

The Trademarks Act of 1999 allows for the registration of trademarks in India. Trademark owners must submit their applications to the Trademark Registrar. Once the Registrar reviews the application, the trademark is published in the official Trademark Journal. At this stage, anyone can challenge its publication. Oppositions must be submitted to the Trademark Registry where the original application was filed. If an opposition is raised, the Trademark Registry will conduct a hearing to resolve the issue. The laws governing trademark opposition in India are outlined in the Trademarks Act of 1999 and the Trade Marks Rules of 2017.

The following documents are required for filing a trademark opposition:

  • Signed evidence
  • Sales invoice
  • Images of the products
  • Government registration certificate
  • Screenshots of relevant social media accounts
  • Copy of the letterhead
  • Business card

Collecting and submitting these documents is crucial for a successful opposition process.

Scroll to Top