Trademark Opposition

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What is a Trademark Opposition?

A trademark opposition is a legal objection to the right to register a particular trademark. A trademark opposition is started by filing a notice of opposition. The trademark notice of opposition must be filed within 3 months of the date that the trademark application is advertised for the opposition.

It is required at a stage after the registrar approves the trademark application and publishes it in the journal for 3rd party opposition. If the mark is opposed, an opposition proceeding is started. After which both parties are involved to come out with a decision that is agreeable and fair for both of them.

Trademark Opposition

According to the Trademark Act 1999, any entity, be it private person, company or organization can create a unique symbol / logo as the brand identity and register it for trademark. The registered trademark becomes an intellectual property of the entity and hence is protected under the Act. The logo registered as trademark distinguishes the company’s products and services with similar products and services of the other company. It develops trust among the customers and enhances brand value.

Once the application for Trademark Registration is made and is examined by the Trademark Registrar, the mark is published and advertised under Trademark Journal. The Trademark Act allows any person or entity having an issue with the mark can file the notice of opposition against the trademark registration. The opposition has to be filed within the four months from the date when the mark is first advertised.

Online Procedure For Trademark Opposition In India

The objection will be lifted if the Trademark Registrar is satisfied with your response, else an interview might be scheduled for you to present your arguments in-person. It is important to respond to legal objection letter against the mark within 30 days, failing which the Trademark Registrar reserves full rights to abandon your application.

Professional expertise plays a major role in case Trademark Objection and hence TaxPro Experts extends knowledge in helping you to handle the issue. We can help you respond to the objection raised against your Trademark Registration. 10-15 days is the average time taken for drafting and filing trademark objection reply after submission of all the documents, subject to government processing. Get trademark consultation by scheduling an appointment with TaxPro Experts.

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Trademark-Renewal

The different grounds for filing Trademark Opposition can be

  • The mark is similar to the one already registered or the one being already used.
  • The mark is generic creating confusion
  • The mark is descriptive in nature
  • The mark is likely to be deceiving or may hurt the public sentiments.
  • The application is made in bad faith
  • The mark is prevented by law or is prohibited under the Emblem and Names Act 1950.

TaxPro Experts!

In most cases, the Trademark Opposition is filed if the mark is similar to the Trademark for similar goods & services of the opposition filer. TaxPro Experts can help you file the notice of opposition in case you feel that the registration of the mark is not fair. We help you create strong arguments based on facts to make the opposition filing strong. Get consultation from TaxPro Experts regarding Trademark Opposition filing.

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Proceedings of Trademark Opposition

  • On the advertisement of trademark application on trademark journal, any person or entity has the right to file notice of opposition within the 4 months from the date of first advertisement. The opposition is filed with the Form TM-O.
  • The applicant needs to file the counter statement through Form TM-O within the 2 months (not extendable) of receiving the notice of opposition, failing which the trademark application is deemed abandoned. On receiving the counter statement from applicant and after reviewing, it is served to the Opponent.
  • On receiving the counter statement, the opponent has to produce evidence to support opposition within two months (extendable by 1 month). The opposition may also refrain from producing evidence and rely on the facts stated in notice of opposition.
  • Within 2 months of receiving evidence or waiver from the opponent, the applicant has to produce evidence in favor of the counter statement, or may choose to refrain from producing evidence and rely upon the facts stated in counter statement.
  • The opponent is given one addition month to produce additional evidence to support the notice of opposition.
  • After the completion of evidence collections and submission, a hearing date is appointed and notified parties present their respective case. The Registrar considers all the arguments and decides whether the mark is to be registered or not.

Trademark Registration is the vital step towards creating the brand value and hence flourishing your business. To know more about trademarks and patents, set up a consulting session with TaxPro Experts.

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