Trademark opposition in India occurs after the trademark application has been approved by the registrar based on distinctiveness and published in the journal, inviting third-party opposition.

Eligibility According to Section 21 of the Trademark Act, any person, regardless of commercial or personal interest, can oppose a trademark. This includes customers, the public, competitors, or any other individual, provided they are a prior registered trademark owner.

After filing a trademark opposition, both parties must decide whether to abandon or register the trademark. The responsibility for defending the trademark lies with the registrant.

Grounds for Trademark Opposition: The Indian trademark law doesn't specify opposition grounds, but common reasons include similarity to existing trademarks, lack of distinctiveness, being descriptive, bad faith application, customary language use, likelihood of confusion, legal contravention, violation of the Emblem and Names Act, and potential to hurt religious sentiments.

Procedure for Trademark Opposition:

• Opposition Notice:
  • Filed within four months of the mark's first appearance in the journal.
  • Submitted on Trademark Form 5 with the required fees.
• Counter-Statement:
  • The registrar serves a copy to the applicant.
  • The applicant must file a counter statement within two months.
• Hearing:
  • Scheduled by the registrar after evidence filing.
  • Both parties present their case, and if either party fails to appear, the ruling goes against them.
• Appeals:
  • Dissatisfied parties can appeal the registrar's decision to the Intellectual Property Appellate Board.

Time Limit for Trademark Opposition:

• Three months after trademark advertisement, extendable by one month.
• Filings are exclusive to the Trademark Registrar's office.

Filing Trademark Opposition: Include details of the trademark application, earlier marks, opposing party's details, and grounds for opposition. Use Form TM-5, signed by the opponent or an authorized representative.

Difference between Trademark Objection and Trademark Opposition:

Trademark Objection	Trademark Opposition
Issued by Examiner	Third-party opposition
No fees required	Fees needed for reply
One-month response	Three-month response (extendable)
Part of registration	Separate process
Non-response leads to removal	Non-response leads to removal
Appeal post-rejection	Appeal post-judgment