Types of Trademark Opposition included at legaldarbar.com

1. Opposition based on previous rights:

• A previously registered trademark occurs when a similar or identical mark is already registered.
• If the competitor can establish they used the trademark before the applicant.
• If the mark is well known and approaches a well-known brand (for example, using “Nike” for shoes).

2. Opposition based on similarity and likelihood of confusion:

• If the applied trademark has a similar sound (for example, “Koka-Kola” against “Coca-Cola”).
• If the logos or symbols seem to be similar.
• If the trademark’s meaning is identical or closely related.

3. Opposition Based on Bad Faith Application:

• If the applicant purposefully duplicates a well-known brand.
• If the applicant does not truly intend to use the trademark.

4. Opposition for Description or Generic:

• Marks and descriptive marks refer to goods or services, such as “Sweet Biscuits” for cookies.
• If the mark is a commonly used industry term (for example, “Milk” for dairy products).

5. Opposition Based on Public Interest:

• Religious Sentiments: If the mark offends religious groups.
• If the trademark includes obscene, offensive, or immoral material.
  According to the law, if the trademark contradicts legal provisions or public policy,.

Importance of trademark opposition at legaldarbar.com:

1. Protects Existing Trademark Owners:

• Prevents the registration of similar or identical marks that could lead to brand confusion.
• Safeguards the goodwill and reputation of established brands.

2. Prevents Consumer Confusion and Deception:

• Ensures that the public is not misled by similar or deceptive trademarks.
• Helps in maintaining market transparency and brand distinction.

3. Stops Unfair Competition:

• Prevents unauthorized businesses from riding on the popularity of established brands.
• Discourages dishonest traders from benefiting from an already well-known trademark.

4. Strengthens Brand Value and Market Position:

• Ensures that only unique and distinct trademarks are registered.
• Helps businesses maintain exclusivity and competitive advantage.

5. Encourages Due Diligence in Trademark Selection:

• Forces new applicants to conduct a thorough search before applying.
• Reduces frivolous or bad-faith trademark applications.

6. Offers Legal Turning Before Trademark Registration:

• Provides an opportunity to contest a possibly illegal trademark without the need for expensive legal action following registration.
• Resolves issues early on, saving time and resources.

Documents Required for Trademark Opposition:

1. Notice of Opposition (form TM-O):

• Must be submitted within four months following the trademark’s publication in the Trademark Journal.
• It should specify the reasons for objection, such as prior use, similarity, or bad faith.

2. Competitor Details:

• Name, residence, and nationality.
• If the opponent is a firm, provide corporate information (incorporation certificate, GST, etc.).

3. Opposed Trademark Details:

• Include the application number, class, and description of the trademark being opposed.
• A copy of the trademark, as published in the journal.

4. Proof of Prior Use:

• Invoices, purchase orders, or sales receipts demonstrating continued use.
• Advertisements, catalogs, and marketing materials that demonstrate brand presence.
• Domain registration or social media pages (where applicable).

5. Affidavit Supporting the Opposition:

• Declares facts related to prior use and reputation. Must be certified.

6. Power of authority:

• Form TM-48 Once filed, the Trademark Registrar will serve the notice to the applicant, who must respond with a counterstatement within 2 months.
• If they fail to respond, the opposed trademark may be destroyed. legaldarbar.com