Submitting an Objection to a Trademark

Specifics About the Trademark Application That is the Subject of the Opposition

The application number against which the opposition is filed, as well as an indication of the goods or services included in the trade mark application against which the opposition is filed, and the name of the trade mark applicant.

Details of the Prior Mark or Right on Which the Objection is Based

If the objection is based on an existing trademark application or registration, provide the application or registration number of the prior mark. If the objection is based on a claimed well-known trade mark, a statement of which country or region the previous mark is regarded to be well-known is required.

Information on the Opposing Party

If the opposition is filed by the owner of an earlier mark or right, his name and address, as well as an indication that he is the owner of such mark or right, must be included. If the opposition is filed by the successor in title to a registered proprietor of a trade mark who has not yet been registered as new proprietor, the name and address of the opposing party, as well as the date on which the new proprietor’s application for registration was received by the appropriate office, must be included. If the opposing party does not have a place of business in India, include the opponents’ name and address for service in India.

TM-5 Form

The opponent must file TM-5 in order to oppose a trademark Filing. According to the application, the trademark opposition must be filed with the appropriate trademark office. The following information must be included on the TM-5 form:

Information About the Trademark Application

• Application number in question.
• The trademark application’s indication of the goods or services.
• The applicant’s name for the trademark sought to be contested.

Information on the Opposing Party

If the Opposition is Lodged by the Trademark Owner of an Earlier Mark

Name and address of the trademark owner, as well as evidence that he is the owner of such a trademark.

If a Trademark Licensee Files an Objection

The name and address of the trademark licensee, as well as an indication that he or she has been authorised to file the opposition, must be included.

If the Registered Trademark Owner’s Successor Files an Opposition

Name and address of the successor, as well as the date on which the new proprietor’s application for registration was received by the competent office, or, if this information is not available, was delivered to the appropriate office.

If a Party from Outside India Files an Opposition

If a party from outside India files an opposition, name and address the opposing party, as well as India’s service. The trademark opponent or a person authorised familiar with the circumstances of the case shall sign the notice of opposition.

The Distinction Between Trademark Objection and Opposition

• Trademark opposition is usually filed by the aggrieved (third) party, whereas trademark objection is usually filed by the trademark examiner.
• The individual filing the objection is not needed to pay any fees; however, the person filing the trademark opposition must pay the applicable particular fees.
• The objection must be filed within one month of the advertisement date, and trademark opposition must be lodged within four months.
• Acceptance of the mark communicated to the trademark application will be published in the trademark journal; in the event of a trademark opposition, the decision will be informed to the parties, namely the trademark applicant and the aggrieved.