Trademark Opposition
A trademark may be registered in India under the Trademarks Act, 1999. To register a trademark, the owner must submit an application to the Registrar of Trademarks (the “Registrar”). The Registrar will publish a trademark advertisement in the trademark journal following receipt of the registration application. Anyone may submit an opposition to the trademark registration that has been published in the Trademark Journal. The trademark registration application is filed with the Registry of Trademarks, where the opposition is to be filed. The trademark registry will hold a hearing to reach a decision if it receives any opposition to the trademark. The trademark opposition process is outlined in the Trademark Act of 1999 and the Trade Marks Rules of 2017. After the registrar has accepted the trademark application on the basis of distinctiveness and published the third-party opposition’s trademark in the journal, trademark opposition in India occurs at a later stage.