Difference between Trademark Objection and Trademark Opposition

A Trademark Application once filed can be objected by the TM examiner. However a third party can get a trademark status changed from ‘Advertised’ to ‘Opposed’ by furnishing a notice of opposition.

 

A Trademark application goes through many stages of scrutiny before the final registration of the trademark. Applicant usually gets confused between a Trademark Objection and a Trademark Opposition.

Differences between TM Objection and TM Opposition in India

S.No.

Criteria

Trademark Objection

Trademark Opposition

1

Issuer

Issued by TM Examiner

Opposed by Third Party

2

Time Frame

Respond within 1 month

Respond within 2 months

3

Process

Part of the Trademark Registration Process

It is a Separate from the basic Registration of the TM Application

4

Stage

It may follow ‘Marked for Exam’

It may follow ‘Advertised Before Acceptance’

5

Appeal

Appeal lies against Rejection

Appeal lies against Judgement

6

Communication

The acceptance is published in a Journal

The Judgement is communicated to the concerned parties

7

E-Forms

The Reply is furnished in MIS-R

The Reply is furnished in TM-O

8

No Response

TM Application is deemed to be Abandoned

TM Application is deemed to be Abandoned

9

Fees

Rs.2,799/-

Rs.12,500/-

 

 

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