Trademark Opposition
All inclusive price
An opposition can file within 4 months after clear stage of Trademark application and successfully clear the stage of Examination report raised by the registrar, further Trademark published by the registrar in Trademark Journals. After advertisement an opportunity is open for general public to file an opposition on Advertised Trademark.
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FILE TRADEMARK OPPOSITION
Any legal entity, organization or an individual can file an opposition for registration of trademark published in Trademark Journals with provision under section 21 of Trade Mark Act, 1999. According to the eligibility an owner of any registered trademark can oppose an advertised mark, on the basis of similarity, confusion and on other grounds. An opposition can file within 4 months after clear stage of Trademark application and successfully clear the stage of Examination report raised by the registrar, further Trademark published by the registrar in Trademark Journals. After advertisement an opportunity is open for general public to file an opposition on Advertised Trademark. GROUNDS OF TRADEMARK OPPOSITION • The trademark is similar or identical to an earlier or existing registered trademark. An opponent oppose the applicant’s mark in basis on similarity with their registered trademark. • The mark is not of distinctive character. With this ground opponent challenged the unique nature of applicant’s mark. • Application for the trademark is made with bad faith. That the proprietor/organization apply the respective trademark in intend to harm other Registered Trademark. • The mark is descriptive in nature. • The trademark is likely to deceive the public or cause confusion. • The mark contains matters that are likely to hurt religious feelings of any class or section of people. • The trademark is prohibited under the Emblem and Names Act, 1950. • The mark is contrary to the law or is prevented by law
In cases wherein the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark - if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing an trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.
Details required for Trademark opposition
- Identity proofs of applicant.
- Authorised Agent.
- Purpose of opposition.
- Details of Impugned mark.
- Details of Opposition Party.
- Drafted opposition.
- Affidavit
- Registration Certificate, Invoice, Copy of Letter Head, Images of Product, Snapshots of Social Media Post, Brochure.
Reasons to Register a Company in India
OPPOSITION NOTICE
Within 4 months of the primary date of appearance, any individual may also document a note of competition to a hallmark that looks with inside the trademark journal.
It have to be filed on Trademark Form five with inside the prescribed layout and with the relevant fees.
COUNTER-STATEMENT
The trademark registrar might serve a duplicate of the trademark competition note to the trademark applicant after the trademark competition note became filed with the registrar. The trademark applicant have to document the counter announcement inside months of receiving the competition notices.
The trademark utility will be “abandoned” if the trademark applicant fails to document the counter announcement with inside the designated time frame. However, it’s miles important to recognize the repute of trademark registration.
Within 4 months of the primary date of appearance, any individual may also document a note of competition to a hallmark that looks with inside the trademark journal.
It have to be filed on Trademark Form five with inside the prescribed layout and with the relevant fees.
HEARING
After the proof submitting stage, the registrar shall ship notices to each events mentioning the date of listening to, which will be as a minimum one month after the date of the primary note. The listening to is primarily based totally at the competition note, counter-announcement submitting, and proof submitted. The registrar hears the case, and if any of the events fails to seem for the listening to, the registrar will rule in opposition to them.
APPEALS
The registrar makes a decision whether or not the competition became a success primarily based totally on a assessment of the proof submitted and a listening to of each events, and for this reason whether or not the trademark need to be registered or not. However, a celebration who’s disenchanted with the registrar’s choice may also attraction it to the Intellectual Property Appellate Board.
After the proof submitting stage, the registrar shall ship notices to each events mentioning the date of listening to, which will be as a minimum one month after the date of the primary note. The listening to is primarily based totally at the competition note, counter-announcement submitting, and proof submitted. The registrar hears the case, and if any of the events fails to seem for the listening to, the registrar will rule in opposition to them.
What is the Price I Need to Pay for Filling Trademark opposition?
Pay as you go grow pricing
All Inclusive Pricing - No Hidden Fee
Basic
Drafting and filling of opposition notice. Exclusive pricing for trademark applications filed by Vakeelji inclusive of government fees and service tax.
Advance
Drafting and filling of opposition notice for Trademark applications not filed by Vakeelji
Premium
1.Drafting and filling of opposition notice with written notice to the other trademark applicant . Inclusive of Government fees
2. Legal Notice
Frequently Asked Questions
The term “trademark opposition” refers to a third-party objection to a trademark registration application.
The intention of opposing a trademark registration is to defend the existing registered holder’s right to register a trademark that is similar or deceptively similar.
According to Section 21 a trademark can be challenged by “any person.” This person does not have to be the registered owner of any trademark. He could be a buyer, a customer, or a member of the general public who would use the items.
Within four months of the mark’s publication in the Trademark Journal, a Notice of Opposition must be submitted. Under no circumstances can the time be extended.
Yes. Even if the trademark application is pending or the trademark is already in use, a trademark opposition might be filed.
The opposition notification should be filed with the trademark registry where the disputed mark application has been filed.
- The following grounds can be used to oppose trademark registration:
- The trademark is similar to or identical to one that has already been registered.
- The mark has no distinct characteristics.
- The application was made in bad faith or in an unethical manner.
- The mark is used to deceive or confuse the general public.
- The trademark is only descriptive.
- The mark contains material that is likely to offend people’s religious sentiments.
- The mark is used to circumvent the law or is illegal.
A contested opposition can take anywhere from 3 to 4 years to be decided given the massive backlog at the trademark registry.
