What is trademark Opposition?

Trademark Opposition is a legal procedure that happens after a trademark application is accepted and published in the Trade Marks Journal, but before it gets officially registered.

It gives the public, competitors, or any interested party a chance to object to the registration of the trademark if they believe it conflicts with their rights or is legally problematic.

Key Points about Trademark Opposition:

1. When it happens:

   • After the trademark examiner accepts the application, it is published in the Trademark Journal.

   • Any person can file an opposition within 4 months of this publication.

2. Who can oppose:

   • Registered trademark owners.

   • Businesses using a similar mark (even if not registered).

   • Any third party who believes the trademark should not be registered.

3. Grounds of opposition (common reasons):

   • The mark is similar or identical to an existing trademark.

   • It can confuse or deceive the public.

   • It is descriptive (too generic to be protected).

   • It is filed in bad faith.

   • It is contrary to law or morality.

4. Process:

   • Notice of Opposition is filed by the opponent.

   • The applicant must file a Counter-Statement within 2 months.

   • Both sides submit evidence and arguments.

   • The Trademark Registrar hears the case and gives a decision.

5. Outcome:

   • If the opposition succeeds → the trademark application is rejected.

   • If the opposition fails → the trademark proceeds to registration.