Eligibility of Initiation of Trademark Opposition
As per Section 21 of the Trademark Act of 1999, any person may file an
application against the trademark whether that person is customer, member from
public, person irrespective of their commercial or personal interest or any
person this thing that this trademark bring the confusion then the person can
also file an application against it.
Grounds on which Trademark opposition application can be filled are as
follows-
According to Indian law there are no specific grounds of opposition but there are
various reason where an application can filled against the trademark are given
below-
- a- The trademark is similar or identical to any of the previous trademark.
- b- The descriptive of trademark is similar.
- c- The trademark is against the law or prohibited by the law.
- d- The reason for trademark is bonafide.
- e- The trademark may affect the religious sentiment of any person.
Procedure after an application is filed against the trademark is as follows-
- Step 1- An applicant will respond with the counter statement.
- Step 2- Both parties have to present evidence to support their statement and
procedure.
- Step 3- Then registrar will hear and determine the procedure of outcome.
- Step 4- Then final order will be passed.
