Intellectual Property / Trademark / Filing counter-opposition reply to opposition by a third party Attending a hearing with Registrar

Filing a counter-opposition reply to opposition by a third party and attending a hearing with the registrar

A trademark is the unique identity of a business that helps its product and services standout from other products. It can be in the form of a photograph, logo, word or a combination of color and graphics. It is imperative to get these unique identities registered, as it is the ‘Intellectual Property’ of the business. Registering a trademark allows a company to protect their brand from trademark infringement. 

The Trademarks Act, 1999 was enacted by the Government of India to protect the users of trademark. It aims at protecting the trademark users and providing legal remedies if their rights are infringed. Trademark helps in identifying the true owner of the product/service; and it protects the trademark user from Trademark Piracy by preventing any unauthorized usage of it by anyone apart from the owners of the product/service. 

When can an opposition be filed?

Once the examiner conducts an examination of the registration application for the trademark and is satisfied that the trademark is distinctive, the trademark will be published in the trademark journal. The main purpose of publishing the trademark is to allow a third party to view details of any trademark and file an opposition if the trademark is already registered.

Process of filing a counter-opposition:

  1. An objection can be filed by a third party within 4 months after the trademark is published in the trademark journal.
  2. The applicant must file a counter-opposition under form TM-6 to the notice of opposition by a third party within 2 months from the date of the notice of opposition. 
  3. Along with the counter-opposition the applicant must file an affidavit and produce evidence. At this stage both the parties will be allowed to file evidence before the registrar. 
  4. The Registrar may call for a hearing after examining the notice of opposition, counter-opposition and all the evidence produced before the Registrar. Within 14 days after receiving the notice, both the parties are required to file a notice of their intention to appear for the hearing, after which the Registrar will determine the merits of the case.
  5. If the Registrar finds no merit in the opposition filed by the third party, then the trademark will be registered and a registration certificate shall be issued. However, if the Registrar decides the case in favour of the opposition, then the trademark application will be rejected.

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