Filing an Opposition to a Trademark Registration

If you believe that a trademark registration is likely to cause confusion with your own trademark, you may file an opposition to the registration. The opposition must be filed with the Trademark Registry within four months of the publication of the trademark application in the Trademark Journal.

The opposition must be filed in Form TM-O and must include the following information:

• The name of the opponent

• The trademark that is the subject of the opposition

• The trademark that the opponent claims is likely to cause confusion

• The goods or services that are covered by the trademarks

• The grounds for the opposition

• A declaration that the opponent has a good faith belief that the opposition is justified

The Trademark Registry will serve a copy of the opposition on the applicant for the trademark registration. The applicant will have two months to file a response to the opposition.

After the applicant has filed a response, the Trademark Registry will schedule a hearing. At the hearing, both the opponent and the applicant will have an opportunity to present their arguments. The Trademark Registry will then make a decision on whether to grant the opposition or to allow the trademark registration to proceed.

Grounds for Opposition

There are a number of grounds on which you may oppose a trademark registration. These grounds include:

• The trademark is identical or similar to your own trademark.

• The trademark is likely to cause confusion with your own trademark.

• The trademark is descriptive of the goods or services that it is used with.

• The trademark is deceptively misdescriptive of the goods or services that it is used with.

• The trademark is scandalous or obscene.

• The trademark is likely to disparage persons, living or dead, institutions, beliefs, or national symbols.

• The trademark is likely to cause offense to any section of the public on the ground of religion, race, caste, language, etc.

• The trademark is likely to deceive the public as to the nature, quality, or geographical origin of the goods or services that it is used with.

• The trademark is contrary to public policy or morality.

If you believe that a trademark registration is likely to cause confusion with your own trademark, you should consider filing an opposition to the registration. Filing an opposition can help to protect your trademark rights and prevent others from using a trademark that is likely to cause confusion with your own trademark.