Trademark examination process and Trademark opposition are to separate proceedings, often people confuse between trademark objection and trademark opposition. Today we will try to explain the fundamental difference between Trademark objection and Trademark opposition.
Trademark objection is the objection raised by the Examiner of Trademarks whereas Trademark opposition is an opposition proceedings initiate by the third party. The third party here means any person present in public that may have objection towards the acceptance of your mark.
Apart from this conceptual difference there exist many differences between the trademark objection and trademark opposition. Trademark objection is the part of trademark examination process, whereby the Trademark examiner examines your application and issues the Trademark examination report against your mark. Most of the Trademark applications are objected and the objection Is to be responded within 1 month calculated from the date of issuance of the report.
Whereas the Trademark opposition is filed by third party, after the advertisement of the acceptance of your mark, from the Trademark registry in Trademark journal.
The Trademark opposition is required to be filed within four months from the date of publication of the trademark in the journal, this Trademark opposition is filed along with the payment of fees of Rs 5000.
The applicant whose trademark is opposed need to respond to the opposition within 2 months of the receipt of communication from the registrar of trademarks or the applicant can file the response on its own once he is aware that his mark has been opposed.
Below is the table that has been made to quickly explain the major difference between Trademark objection and Trademark opposition in India
|S.No.||Trademark Objection in India||Trademark Opposition in India|
|1.||Issued By Examiner||Opposed by Third Party|
|2.||No fees involved||The applicant need to submit reply along with fees|
|3.||To be responded within 1 month||To be responded within 2 months|
|4.||This is part of Trademark registration Process||This is a separate process|
|5.||No response will lead to removal||No response will lead to removal|
|6.||The Acceptance is published in Journal||The judgment is communicated to the parties|
|7.||Appeal lies against Rejection||Appeal lies against the Judgment|