Can Third Parties Challenge Trade Marks Before Advertisement? Madras High Court Weighs In

In India, as in many other jurisdictions, the trade marks registration process has clearly been demarcated into specific stages, uniquely balancing the rights and interests of third-parties and the applicants. A trade mark application, as per both statute and convention, first undergoes the administrative stage of formalities check for any irregularities, passing which, it reaches the stage of thorough examination by the trade marks examiner, who scrutinizes the application for possible contraventions with the provisions of Trade Marks Act, 1999 and Trade Marks Rules 2017 (hereinafter referred to as "the Act" and "the Rules"). It is only following this stage, once an application is advertised in the Trade Marks Journal, does it become open to oppositions by third-party actors. Section 21 of the Act allows "any person" to challenge a trade mark application, post its journal advertisement by way of a formal opposition.