Only a registered trade mark owner can give notice of opposition. Discuss.

As per provisions of section 21 of the Trade Marks Act, 1999 this statement is not correct. Section 21(1) provides that "any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed by the Registrar, of opposition to the registration". Therefore, there is no requirement of the person submitting his opposition to the registration of a trademark to be the registered owner of such trademark. Having commercial or personal interest is also not necessary. Moreover, his bonafides are also immaterial for the purposes of submitting opposition to the grant of a trademark. The opponent does not necessarily have to be a registered proprietor of a trademark. He can be a purchaser, customer or a member of the public likely to use the goods. The rationale behind this is that the opponent is not only representing himself but the public at large because having two similar marks in the market can only result in confusion amongst the public at large. Every opposition shall be filed in compliance with the provisions of section 21 in relevant format and form, along with prescribed fees.