Trademark Objection V Trademark Opposition in India

Trademark Objection V Trademark Opposition in India

In the process of registering your trademark, there are two instances where a provision of refusal can be raised against the registration of your mark.

The first instance is known as an objection the second instance is known as an opposition.

Both the terminologies of “objection” and “opposition” might sound similar to you but both have different meaning and different legal remedy during registration of a trademark. Hence, it is important for us to understand these terms.

What is Trademark Objection?

When an applicant applies for registration of trademark, the examiner then examines the application. If the intended trademark violates rules and laws of the trademarks registration, then the trademark registrar may object. This is called as the Trademark Objection.

What is Trademark Opposition?

A Trademark Opposition is a provision of opposing a trademark after it is published in the trademark journal. An opposition against an intended trademark can be raised by a third party if the Trademark sought for registration is similar or identical to his or her registered Trademark.

Difference between Trademark Objection and Trademark Opposition?

The major difference between Trademark Objection and Trademark Opposition are:

i) The basic difference between trademark objection and opposition is that the trademark opposition takes place after the trademark objection stage.

ii) Trademark objection will be raised by the trademark examiner whereas the trademark opposition will be raised by the third party. 

iii) The reply for trademark objection must be filed within 1 month of receipt of Examination Report. On the other hand, a reply of trademark opposition can be filed within 2 months of receiving the notice of opposition.

iv) The applicant is not required to pay any fee for submitting the reply for trademark objection whereas a fee is levied for submitting the reply of trademark opposition.

v) Trademark objection appeal lies against rejection whereas trademark opposition appeal lies against the judgement.

Note: This Post was last updated on May 1, 2021

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning