Trademark OppositionMade Simple
Correct inaccuracies or errors in your trademark registration efficiently. LegalDhara provides end-to-end assistance in filing for Opposition with the Registrar, ensuring your trademark remains accurate and compliant with legal requirements.
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Trademark Opposition
Correct inaccuracies or errors in your trademark registration efficiently. LegalDhara provides end-to-end assistance in filing for Opposition with the Registrar, ensuring your trademark remains accurate and compliant with legal requirements.
Overview
A trademark is a distinct symbol or emblem that sets one product apart, akin to an individual's unique birthmark. To establish the trademark's uniqueness and exclusivity, it must be registered according to the regulations outlined in the Trademark Act and Rules.
When applying for a trademark or even after its registration, if the applicant discovers minor errors or deems alterations necessary, they can initiate a Opposition of trademark process with the Registrar to address these issues. At LegalDhara, we offer comprehensive Trademark Opposition services to guide clients through this vital aspect of trademark management.
Trademark Opposition involves correcting errors or omissions in the trademark register that occur after the initial registration. This process addresses situations where a trademark may have been erroneously registered or remains on the register even after expiration.
According to Section 57 of the Trademark Act of 1999, any individual associated with trademark registration or adversely affected has the right to seek Opposition. In some cases, Opposition can result in cancellation of the trademark registration; hence, this process must be approached carefully.
Important Note
Trademark Opposition must be approached carefully as it can result in cancellation of the trademark registration in some cases. Ensure all information is accurate and consult with legal experts before proceeding.
Reasons for Trademark Opposition
Errors in the Application Form
Inaccuracies in the application such as incorrect address or contact information.
Incorrect Information on Trademark Details
Errors in the trademark's class, description, or design.
Inaccurate Information at Registration
Mistakes made during the initial registration process.
Updates to Application Information
Changes in applicant's information or address.
Non-Use After Five Years and Three Months
Trademarks unused for this period may be removed from the register.
Registrar-Approved Grounds
Grounds for Opposition approved by the Registrar.
Aggrieved Party's Application
When an aggrieved party applies for Opposition or removal based on valid grounds.
Who Can File a Trademark Opposition Application?
Person Aggrieved
Any individual affected by the registration or similarity of a mark can initiate Opposition.
Trademark Holder
The trademark proprietor can file for Opposition to correct their own trademark information.
Third Party
Any third party distinct from the trademark holder can initiate Opposition if the trademark causes public or societal confusion.
Forms for Opposition of Trademark
TM-16
For correction or cancellation requested by the trademark proprietor.
TM-M
When Opposition or cancellation is initiated by the Registrar.
TM-26
When Opposition or cancellation is initiated by an aggrieved party.
Jurisdiction for Trademark Opposition Applications in India
Applications are filed with the appropriate authority — Trademark Registry, Appellate Board, or Tribunal — depending on the case.
Generally, applications are filed at the office where the original registration application was submitted.
Trademark Offices handling jurisdictional matters
Mumbai, Chennai, Kolkata, Delhi, Ahmedabad.
The Trademark Opposition Process
Drafting of Application
Carefully draft the Opposition application including all necessary details.
Form Filing
Submit the Opposition form to the Registrar with prescribed fees.
Document Submission
Attach required documents such as ID proof, address proof, and supporting evidence.
Document Verification
Authorities verify the documents before proceeding.
Final Order
Registrar or Appellate Court issues an order for Opposition, addition, or removal after review.
Process for Opposition Initiated by an Aggrieved Person
Filing for Opposition
The aggrieved person files Form TM–26 with reasons and fees.
Notice to Trademark Holder
Registrar issues notice prompting counter statement from the trademark owner.
Affidavits and Evidence
Both parties submit affidavits and relevant evidence.
Verification and Decision
Registrar or Appellate Board reviews the submissions and issues the final order.
Consequences of Trademark Opposition
A trademark can be removed from the register after due process if found unused or inaccurate.
Marks unused for five years or not genuinely utilized for over three years may be deleted.
Maintaining accurate and up-to-date trademark information prevents removal or cancellation.
Why Choose LegalDhara for Trademark Opposition?
Comprehensive Legal Support
End-to-end handling of Opposition filings and follow-ups.
Simplified Legal Process
Clear, step-by-step assistance throughout the Opposition procedure.
Expert Guidance
Dedicated team of IP experts to handle all queries.
Reliable and Transparent
Real-time tracking and progress updates for every client.
Client-Centric Approach
Easy, digital-first experience ensuring efficiency and compliance.
Key Trademark Offices in India
Mumbai
Chennai
Kolkata
Delhi
Ahmedabad
Our Trademark Opposition Expertise
Legal Expertise
Specialized IP attorneys with extensive trademark law experience
Timely Filing
Quick and efficient submission of all required documentation
Success Rate
High success rate in trademark Opposition applications
Facing a Trademark Opposition?
Get expert legal assistance to correct errors in your trademark registration. Ensure your brand remains protected and compliant.