A trademark objection is a request that an authorized party, such as a brand owner or third-party
competitor, may make to the examining authority. A trademark objection can be in the form of an
opposition or an invalidation. An opposition is raised when someone disagrees with your mark and
believes it should not be recognized as a valid trademark. Invalidation is when someone believes that
you have infringed on their trademark’s rights.

Grounds for Trademark Opposition:

1. The trademark is similar or identical to an earlier or existing registered trademark.
2. The trademark is devoid of distinctive character.
3. The trademark is descriptive.
4. The trademark registration application is made with bad faith.
5. The trademark is customary in the current language and or in the established practices of a
business.
6. The trademark is likely to deceive the public or cause confusion.
7. The trademark is contrary to the law or prevented by law.
8. The trademark is prohibited under the Emblem and Names Act, 1950.
9. The trademark contains matters that are likely to hurt any class or section of people’s religious
feelings.

Step by step procedure:

1. Opposition notice
2. Counter – Statement
3. Hearing
4. Appeals
5. Filing of TM-O to authority