After the hearing has been concluded and the examiner has been satisfied regarding the validity of trademark the status of the trademark changes from “OBJECTED” to “ACCEPTED AND ADVERTISED”. This is a phase where the trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your Trademark.

Who can file opposition?

Section 21 of the Trademark Act, 1999 states that ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.

The opposition in most cases is filed by:

• The owner of an earlier trademark application or registration covering a similar Trademark for similar goods.
• A person who has used the same or a similar trademark prior to the client, but who has not sought registration of the trademark. (Prior User)

Grounds of opposition:

• The trademark is similar or identical to an earlier or existing registered trademark.
• The mark is devoid of distinctive character.
• The mark is descriptive in nature.
• Application for the trademark is made with bad faith.
• The mark is customary in the current language or in the established practices of business.
• The trademark is likely to deceive the public or cause confusion.
• The mark is contrary to the law or is prevented by law.
• The trademark is prohibited under the Emblem and Names Act, 1950
• The mark contains matters that are likely to hurt religious feelings of any class or section of people.

A reply is to be filed for the opposition raised for the applicants trademark within a period of 60 days from notice of opposition with the Trademark examiner. A Detailed reply needs to be filed for the opposition is raised. After the procedure is done the examiner usually calls both parties for hearing in the matter before deciding the fate of Trademark.