Trademark Opposition is a lawful right to challenge a specific Trademark and to file a notice against the mark to the Trial and Appeal Board by paying fee amount. When the application for Trademark Registration in India is applied, it is publicized by the Trademark Registrar in the Trademark Journal, any individual or third person can file a Trademark Opposition to the application of Trademark Registration within four months from the date of advertisement. When an opposition has been filed against your Trademark application, the online status of Trademark Registration will show as “Opposed”.
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When the application for Trademark Registration in India is applied, it is publicized by the Trademark Registrar in the Trademark Journal, any individual or third person can file a Trademark Opposition to the application of Trademark Registration within four months from the date of advertisement. When an opposition has been filed against your Trademark application, the online status of Trademark Registration will show as “Opposed”.
During the submission of the application of Trademark Registration, the examination of Trademark is followed; if your Trademark application is found suitable for registration, then it will be published online in the Trademark Journal. The primary purpose of such publishing is to get the work known to the public and enable any third party to raise Opposition against the application. Only if he or she is aggrieved by the registration shall raise the Trademark Opposition online.
There are two primary interference in the registration of a Trademark; Trademark Opposition and Trademark Objection. In case of not filing the reply or response of such interferences, then your application for Trademark Registration can be refused or cancelled. It has been observed that the application for Trademark Registration is rejected after submission of a legally week counter statement.
We suggest you take help from a Trademark expert or consultant or such professional having robust drafting defence skill, mindful of current case laws, and is capable of drafting a robust “Counter Statements or Trademark Opposition Reply” against the Trademark Opposition so raised by parties claiming to be aggrieved by your registration of Trademark.
Swarit Advisors has huge experience in filings robust Trademark counter statements; its Trademark Registration experts or consultants have set a level in demonstrating the counter statements and will also help you avoid Trademark Opposition; contact us to get counter-statement of Oppositions filled through us.
Following is the list of all the applicants who can file a Trademark Opposition:
The notice of an Opposition of Trademark must be filed at the Registry of Trademark, where the application for the conflicting mark has been filed. For instance, consider if the application is filed at the Delhi Office of the Trademark Registry; in such case, the Opposition proceedings should initiate in Delhi only.
If the Trademark status looks as “opposed”, the applicant needs to prepare a counter-statement within the time duration of 4 months from the advertisement date. It will be judicious if the applicant gets your counter statements framed by a Trademark consultant and filed by them. Remember that the application of Trademark will be unrestricted if no such counter-statement is filed by the Trademark Registry within the specified time period.
A pending application of Trademark may be opposed on the following grounds:
Following are some vital documents required to file Opposition of Trademark in India:
Following is the procedure for Opposition of Trademark in India:
The Opposition is a kind of remedy, which can be availed by a registered owner or earlier user of Trademark. But, all the registered owner or earlier user of a Trademark is required to keep their eyes open to raise the Opposition
You need to arrange very simpAny person who thinks their brand name or reputation of the company may be harmed in any way by the registration of a definite mark may opt to oppose such registration by filing the notice of Trademark Opposition.le documents of director like photograph, Pan card and one address proof. For more details, please fill the above details
The complete procedure of Opposition may take one year approx.
Anyone can file for the Opposition, it is started by an individual who is the owner of a prior Trademark that deals with the same products or services or that has a possibility of creating confusion or damage a present mark can file a Trademark Opposition, even if its own mark is not registered.
It means that the Trademark examiner hasn’t raised any Trademark Objections against the proposed Trademark, and moreover, your mark will be published in the Trademark Journal.
Usually, a Power of Attorney must be submitted while filing the notice of Opposition. In case the attorney is not available while filing the Opposition of Trademark, it can be filed at a later date.
It is extremely suggested that a Trademark opposition should be filed after a Trademark is published in the Trademark Journal.
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