Trademark Objection & Opposition
Objection as to Registration of Trademarks
There are two grounds for objection for registration of trademarks:

(i) Absolute grounds; and 
(ii) Relative grounds.

Absolute grounds: A trademark shall not be registered if it is devoid of any distinctive character, if it consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or service, if it consists exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade. An exception to this is when such a trademark gets a distinctive character as a result of its use or it is a well- known trademark.

Relative grounds: A trademark shall not be registered if there exists a likelihood to cause confusion to public due to its identity with an earlier trade mark and similarity of goods or services covered by the trade mark or its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark. A trademark which is identical with or similar to an earlier trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark. 


Opposition to Trademarks
Any person can apply for opposition. The time period for opposition is 4 months. The Registrar then shall send the notice to the applicant of the trademark. Within two months from the notice regarding the opposition, the applicant shall reply with the reasons which he relies upon for his application. In case the applicant does not provide a reply, then it is presumed that the application has been abandoned.

If the applicant sends a counter statement, a copy of it shall be served to the person opposing. Evidence relied upon by the applicant and the opposition shall be submitted to the Registrar. An opportunity to hear shall be provided, if the parties to the dispute desire.
The Registrar after taking evidence and hearing the parties, shall decide the permit of the registration and may consider the grounds of objection taken by the opposition or not. The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just.

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