Who can file trademark opposition

As far as Trademark Opposition in India is concerned, Section 21 of the Trademarks Act, 1999 says that "any person" who wants to oppose a trademark application can do so by filing a Trademark Opposition.

  • An applicant must have trademark registered for filing opposition
  • Any entity/consumer/buyer/purchaser/ likely to use goods.
  • If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950.
  • If the mark contains matters related to hurting any religious sentiments of any class or section of people.

The Register of Copyrights is divided into six categories:

  • Part A. Literary works other than computer Programs.
  • Part B. Musical Works.
  • Part C. Artistic Works.
  • Part D. Cinematography Films.
  • Part E. Sound Recording.
  • Part F. Computer Programs, tables & Compilations.

Benefits from the Service

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Limit one from the creation of the brand

It is very crucial to limit one from the creation of a brand and also acquire the approval of Registration of Trademark because a brand value, popularity plays a key role.

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Identical Trademark is banned

It remains very beneficial for the Trademark Owner to stop/ban any similar/identical trademark user which can hinder/dilute a reputation of a brand in future.

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Clear Confusion

It is also beneficial towards the consumers because in a way it clears the confusion surrounding a brand.