After advertisement of a trade mark in the Trade Marks Journal, section 21 provides a period of 4 months within which the registration of the trade mark may be opposed by any person. This opposition proceeding can be filed only before the Registrar and cannot be taken direct either to the Court or the Appellate Board (IPAB). If the opposition is successful, the registration of the trade mark will be refused. If it fails, the mark will be registered.
Who may oppose the Application:
“Any person” may give a notice of opposition to the registration of a trade mark
The person filing the opposition need not to have any commercial or personal interest in the matter or a prior registered trade mark owner. The question of bona fides of the opponent does not arise.
Grounds of opposition:
The law doesn’t specify the grounds of opposition.
However, an opposition is ordinarily based on any
Section 9, 11, 13, 14 and 18(1) one or more of –
- absolute grounds as mentioned in Section 9;
- relative grounds as mentioned in Section 11;
- prohibitions contained in Section 13;
Limitation Period for filing Notice of opposition:
Within four months from the date of advertisement or re- advertisement of an application for registration in the Trademarks Journal.