Trademark Opposition

Trademark Opposition Process

What is the procedure for the trademark opposition?

• Opposition Notice
  Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first date of appearance. It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees.
• Counter-Statement
  After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement. If the trademark applicant fails to file the counter statement within the specified period, the trademark application shall be “abandoned.” However, it is necessary to understand the trademark registration status.
• Hearing
  After the evidence filing stage is over, the registrar shall send notices to both parties stating the date of hearing, which shall be at least one month after the date of the first, notice. The hearing is based on the notice of opposition, the counter-statement filing, and the filed evidence. The registrar hears the matter by the registrar, and if any of the parties does not show up for the hearing, the registrar will rule against him.
• Appeals
  Based on the review of the evidence submitted and the hearing of both the parties, the registrar decides whether the opposition was successful at doing so and, in turn determines whether the trademark should be registered or not. However, the party aggrieved by the registrar’s decision may challenge the same by filing an appeal before the Intellectual Property Appellate Board.