Opposition proceeding in India, though very long, is very interesting and fun. Before diving into the procedure of Opposition proceedingopposition proceeding, a quick run through of the general procedure of filing until registration would be helpful. After filing an application for a new mark, the Registry examines the application to determine the distinctiveness of the mark. If the Examiner is satisfied that the mark is distinctive enough and if there are no similar marks, it will be published in the Trademark Journal. So once the mark is published in the Trademark Journal, it is then open for opposition by third parties for a period of 4 months. Once the opposition proceeding are completed, the mark will then be registered depending on the outcome of the same. (Find the procedure from filing to registration here)
One of the important statuses in respect of a trademark, shown in the website of the Trademark Office is “opposed,” for the registration of the said mark becomes dependent on the outcome of the said opposition. The term “opposed” means that a third party, has found the mark objectionable primarily in light of Section 9 or 11 or both (and any other provisions of the Trademarks Act), intimates the same in writing to the Trademark Office and requests for its refusal. Section 21 of the Trademarks Act 1999 clearly elucidates about opposition. Simply put, a mark predominantly gets opposed either owing to its similarity with an existing mark or due to alleged non-distinctiveness or both.
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