Preloader Close

Opposition Period

Duplicate Marks

Opposition Period

Depending on whether the framework in place accommodates pre-registration or post-registration opposition, the underlying time limit might be determined from the date of publication of the application or the registration of the mark. In certain frameworks, the initial time limit may be determined from the date of acceptance of the application.

Extensions of the initial time limit may either be allowed or statutorily precluded. At times, a first extension might be allowed by the request of the opponent, yet a further extension may require the assent of the candidate and/or the presentation of a good reason. There might be a requirement that the request for extension ought to be documented before the termination of the initial or recently extended opposition time frame.

There is a marked inclination of not permitting extensions of the initial opposition period, and even jurisdictions which had a liberal act of permitting such extensions have changed their laws to limit that chance. In certain frameworks, however, it is seen that once an opposition procedure is engaged, it is dependent upon the parties to settle the issue, the trademark administration having just an obligation to manage the procedures.

The Notice of Opposition has to be filed within four (4) months from the date of publication of the mark in the Trademark Journal. The period is not extendable under any circumstance.

Who can oppose a trademark?
Section 21 of the Trademarks Act, 1999 says that “any person” who wants to oppose a trademark application can do so by filing a Notice of Opposition on the prescribed form along with the prescribed fee. The opponent does not necessarily have to be a registered proprietor of a trademark. He can be a purchaser, customer or a member of the public likely to use the goods. The rationale behind this is that the opponent is not only representing himself but the public at large because having two similar marks in the market can only result in confusion amongst the public at large.