Trademark Status Opposed: 2 Ways to Clear Opposed Trademark

Trademark status opposed means an objection has been filed by a third party against registration of your trademark. If you see your trademark status opposed on the Indian Trademark Status website, that means your trademark registration has been opposed by a third party. Any person or company may file an opposition with the Trademark of Registrar.

‘Advertised’ status changed to ‘Trademark Status Opposed?

Any person or company can file an opposition to your trademark within 4 months from the date of advertisement of your trademark in the Trademarks Journal. The status of your trademark registration application will change from ‘Advertised’ to ‘Opposed’ when a notice of opposition is filed by a third party in Trademark Office. You will receive a copy of the notice stating the grounds on which the objection is based.

It is necessary to file a counter-statement within 2 months from the date of receipt of the notice of opposition, if you do not file a counter-statement, your trademark application status is changed to ‘Abandoned’. So, before it’s too late, file your counter-statement to the notice filed by a third party.

Meaning of the Trademark Application Status Opposed?

If your trademark status is opposed, you must be having a question in your mind “what is the meaning of the trademark application status opposed?”. The term “opposed” means that a registered or under the registration process trademark user found your trademark objectionable and convey the same in writing to the Trademark Registrar requesting for refusal of your trademark registration. Trademark registrations are mainly opposed because of their similarity to existing or under-the-registration process trademarks or if the trademark is alleged to be non-distinctive.

Grounds for Trademark Opposition

Trademark registration is a long process that requires constant monitoring. Keeping up to date on the status of your trademark application will help you identify and address the factors that are preventing its approval.

The following are some of the grounds for trademark opposition in India:

  • Your trademark is similar or identical to a registered or under-the-registration process trademark
  • Your trademark is descriptive.
  • Your trademark lacks distinctiveness.
  • Your trademark may deceive or confuse the public.
  • You have filed your trademark registration in bad faith.
  • Your trademark is contrary to the law or prohibited by law.
  • Your trademark is prohibited under the Emblem and Names Act, 1950.
  • Your trademark contains material that may offend the religious sentiments of a class or section.
  • Your trademark is customary in the current language and or in the established practices of a business.

Procedure for Trademark Opposition and filing Counter Statement

Step 1 – Opposition Notice: Any person or company will file an opposition to your trademark within 4 months from the date of advertisement of your trademark in the Trademarks Journal. Opposition Notices are filled on Trademark Form 5 in the prescribed format and with the applicable fees.

Step 2 – Filing of Counter Statement: You will receive a copy of the Opposition Notice from the Trademark Registrar after the Trademark Opposition is filed by any person or company. Now you have to file your counter statement with supportive evidence in Trademark Office to let the registrar know why your trademark should be registered. If you do not file a counter statement within the specified time frame, your trademark application will be “abandoned”. However, it is also necessary to understand the abandoned status of your trademark registration.

Step 3 – Hearing: When you have filed your counter statement with evidence, the trademark registrar will send notices to you and to the third party who opposed your trademark for stating the date of hearing. The hearing date shall be at least one month after the date of the first notice. The hearing process is based on the opposition notice, filing counter-statement, and submitted evidence. The trademark registrar hears the case, and if any of the parties fail to appear for the hearing, the registrar will rule against them.

Step 4 – Appeals: The Registrar will decide whether the opposition was successful and whether the trademark will be registered based on the examination of the evidence filed by you and the hearing of both parties. However, any party dissatisfied with the Registrar’s decision may appeal to the Intellectual Property Appeals Board.

Your trademark will be registered if the opposition is rejected. But, if a third party’s trademark opposition is successful, your trademark’s registration will be rejected.

Bonus Tip: You can avoid getting ‘Trademark Status Opposed’ of your trademark application easily if you planned it advance. The trademark registration process in India is not a difficult task, its easy and straightforward. A few basic and simple steps may help you to avid getting opposition to your trademark registration. If you have not filed your trademark registration application yet, follow these 10 steps to avoid getting opposition to your trademark registration application.

To avoid getting “trademark status opposed”, you must respond to reports or communications from registrars or examiners in a timely manner and keep track of your trademark registration process so that no information gets lost.

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