Welltax Financial Advisors

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Trademark Opposition

Who can file trademark opposition?

As far as Trademark Opposition in India is concerned, Section 21 of the Trademarks Act, 1999 says that “any person” who wants to oppose a trademark application can do so by filing a Trademark Opposition.

  • An applicant must have trademark registered for filing opposition
  • Any entity/consumer/buyer/purchaser/ likely to use goods.
  • If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950.
  • If the mark contains matters related to hurting any religious sentiments of any class or section of people.

Documents Required

Name, Address, Nationality of the applicant

Corporate body/other entity need to provide with a registration certificate

A candidate must sign the power of attorney rightfully if they are registering for Trademark Opposition through any advocate or legal firm.

Affidavit with the basic information about the trademark and its user data and proof of use.

Name

Basic grounds( for filing the opposition)

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