Difference between Trademark Objection and Opposition

Trademark is nothing but a type of intellectual property in the form of symbol, name, logo, slogan, or any word used to differentiate its goods or services from other goods and services. After the trademark registration, a trademark became the intellectual property, and a registered trademark was used for commercial purposes by a company and offered definite rights, known as Intellectual Property Rights. Trademark registration protects from copying, using, distributing, or selling the trademark without permission from the trademark owner.

Trademark Opposition and Trademark Objection are two vital parts of a trademark application. If a trademark is similar or identical to an already registered trademark or does not comply with trademark registration principles, it can be objected or opposed in its pursuit of obtaining a trademark registration. These processes are called as Trademark Opposition and Trademark Objection.

Both trademark objection and opposition are different in its meaning and its procedures during the trademark registration process. But sometimes people get confused and misunderstand their meaning and may use these terms interchangeably. This confusion or misunderstanding may lead them to go for improper legal remedy during trademark opposition and trademark objection. That’s why it is essential to know the difference between trademark objection and opposition to understand these terms. Scroll down to check the difference between Trademark Objection and Opposition.

Definition of Trademark Objection

When an applicant applies for the trademark registration, then the examiner checks or examines the application. If the trademark violates any rules and guidelines of trademark registration, then the application for the trademark registration may be objected by the Trademark Registrar, and this is called as the Trademark Objection. The trademark objection is brought to the applicant’s notice who then has to reply the objection within a given time.

Definition of Trademark Opposition

It is a provision of opposing a trademark after the publication of a trademark online in the trademark journal. If the trademark is similar or identical to any third-party registered trademark, then an opposition against the trademark can be raised by the third-party.  This provision protects a person from using a similar trademark which may create confusion or misunderstanding among the public. It also prevents people from making illegal gain from an identical trademark to the one who is already well-recognized and popular.

Also, Read: What are the Violations of Trademark?

What is the Difference between Trademark Objection and Opposition?

There are some main conceptual, or procedural difference between trademark objection and opposition and some of the differences are discussed below:

• The basic difference between trademark objection and opposition is that the trademark opposition takes place after the trademark objection stage. That means when an applicant plans to register his or her trademark, and the examiner may object the application if they find it similar to an already registered trademark and if there is no objection the application moves onto next phase where it is advertised in the trademark journal for trademark opposition from the third party. Therefore, the process of trademark opposition and objection are succeeding processes through which an application goes through.
• Another basic difference between trademark objection and opposition is that the objection is raised by the examiner during the early stages whereas a trademark opposition is raised by a third party who opposes the trademark registration. The trademark examiner has the right to raise an objection after examining the trademark application. When it comes to opposition, any individual can raise opposition against trademark application if it infringes the terms for valid trademark registration.
• When any third party files an opposition, it is filed in the form of an opposition notice that mentions the grounds on which the suggested trademark is opposed whereas a trademark objection is filed in the form of the trademark examination report. In the case of opposition, the opposition application is supported by evidence that lay down the reasons why the trademark must not be granted registration or how does the proposed trademark if given registration would infringe the rights of the one who is opposing. In trademark objection, the examiner must submit an examination report of the proposed trademark, and the status of an examination report can be viewed online.
• There is some prescribed time limit under which certain processes should be completed in both the cases of trademark opposition and trademark objection. Suppose, if a trademark registration application is objected, in that case, a reply should be sent to the registrar of the trademark within a month after receipt of the examination report. In case of objection, if any reply is not filed within the specified time, then the Trademark Registrar can cancel the application for the registration of trademark whereas in the case of trademark opposition, a reply must be filed within two months of receipt of the opposition notice. Also, a vital point to note is that when the applicant files a reply of the objection, there is no need to pay a fee, but in case of submitting a reply to the notice of opposition of trademark, the application need to pay a particular fee under with the Trademark registrar.
• In both cases, there is a provisional appeal. If an application for a trademark has been rejected or not accepted by the Registrar of Trademark after submitting the reply to a trademark objection, then the appeal may be filed against the rejection of an application by the applicant within the given time, but if the applicant is not pleased with the judgement of the trademark opposition continuing against the trademark application, then an appeal can be filed against the judgement. Here the matter is that an appeal against the judgement in the opposition of trademark and appeal can be made against the rejection of trademark application in case of trademark objection.
• When it comes to the ending of the trademark objection process if the trademark is accepted and published in the trademark journal^[1] and is open for opposition by any third party but in case of trademark opposition, if the trademark is accepted after the proceedings of trademark opposition, then the judgement regarding the proceedings is linked to the opposing party and the applicant.

Conclusion

The Trademark Opposition and Objection are two important phases of a Trademark Registration process. But before starting the registration process, you must know the difference between Trademark Objection and Opposition if anyone’s application is either opposed or objected then you don’t have to worry. A powerful reply in a given time can help you in it and proceed further to complete the registration process.

Also, Read: Types of Trademarks in India: A Complete Guide