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Trademark Opposition

Trademark protest in India comes at a stage when the registrar has approved the trademark application on the basis of exclusivity and published the third party opposition's trademark in the journal.

Who can oppose a Trademark Application in India?

Any person can oppose a trademark application filed by an applicant during the trademark application stage for various reasons.

As per Section 21 of the Trademark Act, 'Any person may oppose a trademark, irrespective of his commercial or personal interest in the matter.

A trademark filed by a customer, member of the public, competitor, or any other person may be contested. Also, the person filing a trademark conflict must already be a registered trademark owner.

After a trademark conflict is filed, both parties must conclude that the trademark should be abandoned or registered. However, there is no restriction on registering a protest. Anyone who believes that a published mark may cause confusion among the public, can file for opposition defending the trademark, is in the hands of the trademark registrant.

 

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