In the trademark registration process, there are two instances where a provision of refusal can be raised against the registration of your mark.
The first instance is known as an objection the second instance is known as an opposition.
An objection is raised by the examiner against the registration of a trademark. Usually, the examiner raises objections on the basis of Sections 9(1) or Section 11 of the Trademarks Act.
After the trademark examination of your trademark and finds that it qualifies for registration, your trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your trademark.
Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts based on expertise.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If a Trademark Examiner determines that a trademark application can be granted registration , the application is advertised in the Trademark Journal. While the application is advertised, all persons have an opportunity to oppose the registration of the mark.
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement ot the Registrar within two months.
Post filing of a trademark opposition, it is important to periodically check the status of the trademark application until its processing on the Government side.