Trademark Opposition

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Introduction of Trademark Opposition

For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the expectation of the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.

There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.

If the Trademark is registered it helps the registered owners to get the returns of their investments by restricting others from using the creation without permission. The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.

Trademark Opposition is case where the trademark application has been approved by the registrar on the distinctiveness factor and is published in the trademark journal for the third-party opposition. A period of 4 months is allowed to the public for opposition. The rely for the Opposition has to be given within 2 months of the date when Opposition was filed. If the said mark is opposed by anyone, opposition proceeding are required to be initiated. After which both of the parties are involved to reach a conclusion. The decision taken that whether the mark will be registered or is abandoned would be made on the basis of replies and hearings.

Further, There are no restriction on filing an opposition if someone believes that the published mark is creating confusion among the public an opposition can be filed for the same while the onus of defending lies in the hands of trademark registrant.

Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Trademark Opposition Reply. You may get in touch with our team on 072407-51000 or email admin@legalwindow.in for replying Trademark Opposition.

Need of Filing Trademark Opposition

Effective remedy for the Trademark Owner :- Filing of trademark opposition increases the chance of protection for the registered trademark owners in order to stop any other mark that can hinder/ dilute their brand identity or may cause any possible confusion in mind of the consumers.

Documents Required for Trademark Opposition

TM-O filed by the Opposition party

Conclusive Evidences as per the reply letter

Power of Attorney

Process of Trademark Opposition

1. Complete the Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the trademark opposition.

2. Submitting Documents
The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark opposition on your behalf.

3. Preparation of TM Opposition
After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark opposition in TM-O. Once the trademark opposition is prepared, we will share with you (soft copy) the draft opposition which is also known as a preview of a trademark opposition for your review. Once the draft is being confirmed from your side and signed, we will present the same opposition to the trademark registrar after it is digitally signed by the attorney

4. Trademark Notice & Registration
After that the Registrar sends notice of opposition to the Opposition Party for submitting the counter reply which is time consuming.
If no reply received, then the registrar registers the trademark and certificate is granted
In case any reply received the Registrar examines the reply then we need to provide the conclusive evidence and on the basis of hearings the decision is taken accordingly

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Additional Information

Following are the grounds on which opposition can be filed:-

If the trademark is similar or identical to an earlier or existing registered trademark

If the mark is devoid of any distinctive character or is descriptive

The trademark is likely to deceive the public or cause confusion.

If the mark is customary in the current language, or it is in the established practices of business.

If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950

The mark contains matters that are likely to hurt religious sentiments of any class or section of people.

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FAQs on Trademark Opposition

What is the time period allowed for filing trademark opposition?

A period of 4 months is allowed to the public for opposition from the day when it was first published. If the said mark is opposed by anyone, opposition proceeding are required to be initiated. After which both of the parties are involved to reach a conclusion.

What is the next step after the Notice of Opposition?

The next step will be on the hands of the Registry. The registrar serves the copy of the said opposition to the opponent for file a counter statement which is to be filed within 2 months of the publication of the notice of opposition, if the same is not filed it is believed to be abandoned.

Who can file the Notice of Opposition?

Anyone can file but it is usually initiated by the person who is the owner of trademark earlier registered or a mark that deals in the similar goods/services or which has a possibility of creating to cause confusion or harm in the mind of consumer or an existing mark can file an opposition, even if its own mark is not registered.

What are the ground of filing the trademark opposition?

Following are the grounds on which opposition can be filed:-

If the trademark is similar or identical to an earlier or existing registered trademark.
If the mark is devoid of any distinctive character or is descriptive.
The trademark is likely to deceive the public or cause confusion.
If the mark is customary in the current language, or it is in the established practices of
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
The mark contains matters that are likely to hurt religious sentiments of any class or section of people.

Trademark Opposition

Introduction of Trademark Opposition

Need of Filing Trademark Opposition

Documents Required for Trademark Opposition

Process of Trademark Opposition