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.
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