File your Notice of Opposition in two days.
Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.
Who can oppose a Trademark Application in India?
Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.
According to Section 21 of the Trademark Act, ‘ any person can oppose a trademark, irrespective of his commercial or personal interest in the matter.
A trademark can be countered by filed by a customer , member of the public or competitor , or any other person . Also , the person filing the trademark opposition needs to be a prior registered trademark owner .
Who decides whether the trademark should be abandoned.
After the trademark advertisement in the Trade Marks Journal , any person can oppose the trademark registration for three months (which may be extended by a period not exceeding one month) . Trademark opposition filings can be done only at the Trademark Registrars ' office and cannot be taken directly to a Court or the Appellate Board ( IPAB ). If a trademark opposition is successful , the registration of the trademark will be refused . If the trademark opposition application is rejected , the brand will be registered .
A trademark opposition can be raised under different sections like the absolute grounds , relative grounds , prohibited mark , or even concerning the opposed trademark’s proprietorship .
The Indian trademark law does not provide any specific grounds of opposition . There are various reasons a trademark opposition may be opposed mentioned below .
All information about the trademark being opposed and the opponent’s information will be shared with us.Contact us to get more information about this.
1. Opponents ID
2. GPOA
3. Relevant documents
Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first Sate of appearance It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees
After the trademark opposition notice is filed with the trademark registrar , the registrar would serve a copy of the trademark apposition notice to the trademark applicant Within two months of receipt of the trademark , opposition notices the trademark applicant must file the counter statement
After the evidence fang stage is over , the registrar shall send notices to both parties stating the date of hearing , which shall be at least one month after the date of the first notice . The hearing is based on the notice of opposition , the counter - statement fing , and the filed evidence . The registrar hears the matter by the registrar , and if any of the parties does not show up for the hearing the registrar will rule gainst if your brand name is a registered brand name , then one of the above online portals places any trade name like yours on to platform Therefore registration of a trademark is very important or every business
Based on the review of the evidence submitted and the hearing of both the parties , the registrar decides whether the opposition was successful at doing so and , in tum , determines whether the trademark should be registered or not . However , the party aggrieved by the registrar's decision may challenge the same by fing an appeal before the Intelectual property Appellate Board
A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee.
It is not advisable to use a template for reply to trademark opposition format. You must instead hire a specialist to help you deal with the case of trademark infringement in India.
You can download the sample of a trademark opposition notice from any online portal. However, since the reasons for opposition vary, it would be better for you opt for a consultant who can draft for a customized notice of opposition.
To fight trademark opposition, you need to fill out a counter-statement along with the evidence to support your registration.
To file a trademark opposition, you need to fill out a notice of trademark opposition to the IP authorities along with requisite fees for the same.
To answer the trademark opposition notice, the applicant must file a counter statement within two months of receiving the notice.
There is no direct way to deal with trademark opposition in India. That being said, you can make sure that:
To draft a suit of trademark opposition in India, you can refer to the Manual of Trademarks. Or, you can get the aid of Lawmitra’s legal team to draft a suit on your behalf.
Trademark Registration in Jaipur. A trademark is a distinctive symbol, design, word, phrase, or combination of these elements that identifies and differentiates the goods or services of one entity from others.
Sun Pharma’s RACIRAFT Vs JB Pharma’s RANRAFT
A trademark can be any symbol, sign, label, numeral, or combination of colors that distinguishes goods or services offered by a business. In India, trademarks are governed by the Trademarks Act, 1999, and registering a trademark offers a multitude of advantages.
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