Trademark Opposition/Rectification

Trademark Opposition/Rectification 

Trademark opposition is a process in which third parties raises an objection for the grant of trademark in favor of the applicant. The third parties can oppose the mark once the mark is advertised in the trademark journal. The trademark registry provides 4 months for third parties to file their opposition. 

If the mark is not opposed within the stipulated time period then the mark will get registered as trademark in favor of the applicant. After registration no one can oppose the mark. 

However, in India, The Trademarks Act, 1999 provides a provision for the rectification of the trademark which can be filed by anyone after the mark is registered. The rectification can be filed based on the grounds provided in the Trademarks Act.  

We at Delhi IP assist our clients in filing opposition/rectification if our client wants to oppose/rectify a mark of someone else. We also assist our clients in defending the opposition/rectification filed against our clients for the grant of trademark in our client’s favor.