Trademark Opposition

TRADEMARK OPPOSITION

Trademark opposition is after the examiner reviews your trademark and finds that it qualifies for registration; your 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. The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark. Statutorily, Section 21 of the Trademarks 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.