INTRODUCTION
To understand Trademark Opposition, one must first understand what is a Trademark?
So, Trademark is a sign, logo, or name that helps people identify a company’s goods or services. It builds trust, a product brand, and gives businesses a unique identity, for instance, the Nike logo. Section 21 of the Trade Marks Act, 1999, allows any person to file a Trademark Opposition after its publication in the Trade Marks Journal. These mechanisms ensure public participation in the registration process to protect existing rights and prevent consumer confusion. The provision outlines a structured procedure involving the filing of opposition, submission of counter-statements, evidence stages, and hearings before the Register. Together with the Trade Marks Rules, 2017, it ensures a fair and transparent system for trademarks in India.
Trademark opposition helps ensure that only genuine, distinctive, and lawful trademarks get registered. It protects brand owners and maintains the integrity of the trademark system.
Section 21 has seven subsections. Each one explains a specific part of the opposition process.
SECTION 21(1) OF THE TRADE MARKS ACT, 1999:
Any person can oppose the registration of a trademark. This must be done within four months from the date the application is advertised or re-advertised in the trademark journal by giving a notice in Form TM-O. The opposition must be given in writing and in the prescribed format, along with the required fee.
SECTION 21(2)(3) OF THE TRADE MARKS ACT, 1999:
Section 21(2) of the Trade Marks Act, 1999, imposes a duty on the registrar of trademarks to send a copy of the notice of opposition to the applicant for applicant. After receiving the notice of opposition, the applicant has two months to submit a counterstatement explaining the reasons for supporting their application. Two situations arise mainly-
Applicant file counter-statement: then the trademark registrar will send a copy of that counter-statement to the opponent
Applicant does not file a counter-statement: within two months, it is assumed that the applicant has abandoned the trademark application
SECTION 21(4) OF THE TRADE MARKS ACT, 1999:
Both the opponents and the applicant must submit all their evidences to the Registrar of trademarks in prescribed manner and within prescribed time limits as provided under Rules 45 to 47 of the Trade Marks Rules, 2017.
The registrar will then give both parties a chance to be heard, if any party desires.
SECTION 21(5) OF THE TRADE MARKS ACT, 1999:
After hearing both parties and examining the evidence, the trademark Registrar will decide:
- Whether the trademark should be registered or not, and
- If registered, whether any conditions or limitations should be added.
The Trademark Registrar may also consider any ground of objection, even if the opponent has not specifically mentioned it.
SECTION 21(6) OF THE TRADE MARKS ACT, 1999:
If either the opponent or the applicant does not live or conduct business in India, the Registrar may ask them to provide security for costs (a deposit to cover legal expenses).
If they fail to provide this security, the Registrar may treat the opposition or the application as abandoned.
SECTION 21(7) OF THE TRADE MARKS ACT, 1999:
The Registrar may allow correction or amendments of any errors in the opposition notice or the counter-statement, if a request is made, and on such terms as the Registrar feels appropriate.
CONCLUSION
Section 21 of the Trade Marks Act, 1999 establishes a fair and structured system for opposing a trademark before it is officially registered. It ensures that every trademark application undergoes public scrutiny so that conflicting, misleading, or unlawful marks do not enter the trademark register. Through a defined process, opposition notice, counter-statement, evidence filing, and hearing, the law protects existing brand owners, prevents consumer confusion, and maintains the credibility of India’s trademark system.
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