Trademark Opposition

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or raise an objection for registration.

In cases wherein the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark – if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing a trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.