Overview of Trademark Opposition

Trademark Opposition means a complaint or disapproval by a third party against registering a specific trademark that got accepted and advertised in the Trademark Journal. A trademark opposition is triggered by filing an opposition notice with the Trademark Trial and Appeal Board post paying the necessary fees. Any concerned person can raise the trademark opposition within four months from the date of the advertisement published in the trademark journal.

Some of the relevant reasons for Opposing a Trademark includes

• The trademark is identical or similar to an existent trademark.
• Non Distinctive character of the trademark
• Descriptive nature of the trademark
• The trademark application created is immoral or was made in bad faith.
• The trademark was designed to deceive the public.
• Possibility of hurting the religious sentiments of the people
• The trademark is prohibited by the law or is contrary to the law.

Post the filing of trademark opposition, both the parties need to get into a decision about whether to get registered or abandon the trademark, but there is no restriction on filing an opposition. If the trademark opposition is successful, the trademark registration will be rejected, and the brand cannot use the trademark; however, if the trademark is declined, the brand can register the trademark.

Our team at Taxrepair are a bunch of experienced professionals in the area of Trademark opposition. Our team ensure that all the evidence is in place to back the opposition notice. We also help in applying for opposing the trademark as well for our clients and safeguard their intention in doing so.

Documents required to file a Trademark Opposition

• Authorisation Documents of Trademark Opposition
• Evidence in Support of Notice of Trademark Opposition or Counter Statement/s.
• Affidavit with the general information about the opposed trademark and its user date and any proof of use of the trademark
• Power of Attorney – To allows the attorney hired to file the trademark opposition on your behalf
• Details of the Applicant of Trademark Opposition.

Benefits of Trademark Opposition

1. Protect the Existing Trademark OwnerBy applying to the trademark opposition, it helps the existing trademark owner by preventing any other trademark that can restrain their brand and cause confusion due to the identical or similar trademark in the eyes of the public.
2. Consulting the PublicA trademark or brand gains popularity because of the acceptance by the public; thereby, it is essential to consult the people to get their approval about the registrability of the applied trademark as they are also well aware of the brands and will be able to give meaningful insight into the trademark created for the brand.

Timelines for Trademark Opposition

Opposing a Trademark is a challenging process, and our experts are here to help our clients by giving them the best of professional services to them. We guide our clients with any consultation required for their trademark opposition application, along with the preparation and filing of the application. The time taken for obtaining the results of the trademark opposition depends on the concerned government authorities’ processing time of the application.