Basically before registration of any trademark, Ministry issues notices for 120 days for opposition. In such period any 3rd party can oppose the said mark to prevent that brand name from registration. However if someone has failed to oppose the trademark in the given period then one has two options either file form for Cancellation/Rectification of trademark or can file a suit for trademark infringement.
Cancellation/Rectification of Trademark- This form can be filed in two circumstances as under
- If the trademark is wrongly filed in particular class. If it is proved that the product or service is not related to that particular class
- If the trademark is not used by the owner for 5 years continuously from the date of registration.
In any other case a suit for trademark infringement can be filed.