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DISTINGUISH BETWEEN TRADEMARK OBJECTION AND TRADE MARK OPPOSITION

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Trademark objection and trademark opposition are two Separate Official Communications that appear at two different stages of trademark registration process in India. Trademark objection is the disapproval by the examining officer on any of the valid grounds that cause error in the registration process of trademark. Whereas trademark opposition is filled by the third party after the publication of trademark in the trademark journal which is published weekly.

The very basic difference between two is that TM objection is raised by the examiner of the trademark registry whereas TM opposition is filled by the third party which may be any person among the public.

There are many differences between the two trademark objection is raised by the examiner while examining the application for trademark registration in India and preparation of examination report. The person applying for the trademark need to make an objection reply stating a satisfactory, specific and relevant reason which makes the mark distinctive. Whereas the trademark opposition is filled by a third person after the publication of the mark in the weekly trademark journal. The opposition is filled with the registrar of trademark. Both the parties are given the chance to present their side.

There trademark opposition filling is needed to be done within four months of publication in the journal to the registrar having the jurisdiction. The applicant needs to respond to the TM opposition within two months of the notice of the opposition filling given by the registrar. If the applicant doesn’t file counter statement within the stipulated time period the application for registration is considered as abandoned. Whereas trademark objection reply are to be made within one month for the trademark objection. If the trademark objection reply is not made by the applicant within one month of marking of application as objected the application is deemed to be abandoned by the applicant.

There can be multiple reasons for trademark objection such as deceptive mark, descriptive mark, identical mark, false specification of goods and service, incorrect details in trademark application etc. whereas TMOpposition filling is done by the third party who have a interest over the trademark or thinks that the trademark affects the related business of the person.

In case of trademark objection if the examiner is satisfied with the trademark objection reply he accepts the application and it goes for publishing in trademark journal. If the examiner is not satisfied he rejects the application and the applicant can make an appeal to Intellectual Property Appellate Board.

In case of trademark opposition filling registrar of trademark hears to both the parties and on the basis of the arguments and evidence produced the registrar makes it decision. The aggrieved party can make an appeal to Intellectual Property Appellate Board.

Major Differences

On the basis Trademark objection Trademark opposition
Issuer Issued by the examiner Filled by the third party
Time duration Have to make trademark objection reply within four month Have to respond within two months.
Process Part of the Trademark Registration Process

 

It is a Separate from the basic Registration of the Trademark Application

 

Appeal Appeal lies against rejection Appeal lies against the judgement
Acceptance Acceptance is published in journal Judgement is communicated to the parties.
Fees No fees required Applicant need to reply with fees.

Trademark objection and trademark opposition both are two different things initiated by the examiner and third party respectively. Company Vakil helps you draft apt and appropriate Trademark Objection Replies for your Trademark Applications and even helps you file an Opposition or give an at reply to a 3rd Party opposition.