What are the grounds for Opposition?

Normally, the following are the grounds, which are usually taken up in a notice of Opposition:

  1. The Mark applied for does not qualify for Registration  i.e :Common use word, Generic word etc.
  2. The Mark applied for Registration is identical or deceptively similar to an already Registered Mark.
  3. The goods for which registration is sought are the same as like that of opponent registered trademark.
  4. The opponent’s trademark has acquired valuable reputation among the traders and consuming public and therefore the use of the mark applied for is likely to deceive or cause confusion.
  5. The applicant’s trademarks is prohibited for registration under certain provisions of the Act.
  6. The applicant is not entitled for honest and concurrent registration.
  7. The claim of user by the applicant is false one.
  8. The applicant is not the proprietor of the trademark applied for.
  9. The opponent is the “prior user” of the Mark applied for.

Rate This Article

(17 out of 54 people found this article helpful)