Introduction
In today’s business world, brand identity is the most valuable asset.
But what if someone copies your name or logo? 🤔
👉 That’s where Trademark Suit & Opposition come in – legal measures to safeguard your brand.
What is a Trademark Suit?
A Trademark Suit is a legal action taken when an individual or company uses your brand name, logo, or trademark without permission.
Its purpose is to protect your brand and stop infringement.
What is Trademark Opposition?
When you file a new trademark, it is published in the Journal for 4 months.
👉 During this period, any third party can file an Opposition if they believe your name or logo is similar to their existing brand.
Reasons for Trademark Opposition / Suit
- Similar or identical name/logo
- Possibility of confusion in the market
- Resemblance with an already registered brand
- Same goods or services under both marks
- Trademark not distinctive enough
Process of Trademark Opposition in India
- Notice of Opposition – Filed by a third party in the Registry
- Counter Statement – The applicant (you) must reply within 2 months
- Evidence Stage – Both parties submit evidence
- Hearing – Arguments before the Trademark Registrar
- Decision – Registrar decides whether the trademark will be allowed
How to Handle a Trademark Suit / Opposition?
- Always conduct a Trademark Search before filing
- Choose a unique and distinctive name/logo
- Reply to opposition within the deadline
- Seek help from a legal expert (for Reply, Evidence, Hearing)
Benefits of Fighting a Trademark Suit / Opposition
- Secures your brand legally
- Prevents misuse by competitors
- Builds customer trust
- Enhances long-term brand value
