How to oppose or challenge trademark registration?

Catherine Catherine
Answered on February 09,2018

The Trademarks Act, 1999 provides that any person can file an opposition against a trademark within a period of three months from the date when the trademark is advertised or re-advertised in the journal. The notice of opposition can be filed with evidence, if any, along with the application.

An application for trademark registration can be opposed on relative or absolute grounds of refusal, as provided in sections 9 and 11 of the Trademarks Act, 1999.

You should use Form TM-5 to file a Notice of Opposition to oppose an application published in the Trade Marks Journal .

Forms and fee for filing the application is available here.
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