Who can oppose a Trademark Application?

Aims for Trademark Opposition 

A trademark opposition can be filed below diverse segments like total grounds, comparative grounds, and forbidden marks or the challenger may also rise their own opposition with respect to the proprietorship of the trademark opposed. The Indian Trademark Law does not offer any precise grounds for opposition. Thus, the cause for trademark opposition could be wide-ranging.

The following are a few of the grounds for trademark opposition in India:

1. The trademark is alike or matching to a former or present registered trademark.
2. The trademark is bereft of unique characters.
3. The trademark is expressive in nature.
4. The trademark registration application is made with evil conviction.
5. The trademark is expected in the present language and/ or in the recognized practices of a business.
6. The trademark is expected to cheat the community or result in confusion.
7. The trademark is opposing to the law or prohibited by law.
8. The trademark is forbidden under the Emblem and Names Act, 1950.
9. The trademark comprises stuff that is probable to offend religious spirits of any class or section of people.

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Important Points

1. Rule 44 of the Trademark Rules, 2017 states that an applicant can further file a counter statement in Form TM-O within 2 months. 
2. On failure of filing the counter-statement by the applicant, the Registrar will take down the form and won't approve it for the registers.

Documents Mandatory for Trademark Opposition