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ARTICLE · 26 JANUARY 2021

Trademark Opposition In India

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Trademark Opposition is an intrinsic stage involved in the process of trademark registration in India.

IndiaIntellectual Property
Ananyaa Banerjee
Ananyaa Banerjee
Diksha Singh
Diksha Singh
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Trademark Opposition is an intrinsic stage involved in the process of trademark registration in India.

Basic Requirements of Filing an Opposition

A trademark can be opposed once the same has been published in the Trademarks Journal within a prescribed period of four months from the date on which the mark was advertised or re-advertised. The Trade Marks Act, 1999 provides that any person can oppose the registration of a mark published in the Journal by filing a notice of opposition with the Registry in the prescribed manner and with the requisite fee. The Act provides that any person can file a notice of opposition against the trademark and the Opponent is not required to have an application/registration in India to oppose any trade mark.

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