In the process of trademark registration, the general public is given an opportunity to oppose and prevent a trademark from being registered. Under a Section 21 of the trademark Act, any person is allowed to oppose a trademark registered provided that a trademark is approved by the Registrar for an advertisement in the Trademark Journal. The purpose of publishing a trademark in the Journal is to give an open notice to the public about the new trademark to be registered and if anyone is interested in opposing a trademark.
The person can oppose a trademark by filing a TM-5 form within 4 months of the publication in the trademark Journal.
The grounds on which a person can oppose a trademark are given under two sections of the Trademark Act. They are:
- Section 9: Under this section, if a trademark is descriptive in nature or related to the qualities of the product for which it is registered or creates any confusion with an existing trademark, then any person can oppose a trademark.
- Section 11: Under this section, if any person feels that published trademark is in conflict with an existing trademark or is in violation of copyright law, then he can oppose a trademark.
Opposed trademark application will go back to the Registrar Office for the examination located in Delhi, Chennai, Mumbai, Kolkata, and Ahmedabad. If the application is approved then the trademark will be rejected and if the application is rejected, the trademark will be registered.
To know more and to oppose a trademark, contact us today!