Trademark Opposition
TRADEMARK OPPOSITION:
ABOUT :
When the Trademark qualifies for registration, the examiner makes it published Journal. This process enables the third party to file its opposition if any. In other words after the publication of the proposed trademark in the Journal, Any person / third party may file an opposition against the registration of the so-called Trademark.
FEATURES OF TRADEMARK OPPOSITION: If someone / third party files opposition against the registration, the status is marked as “OPPOSED”. The third party has to file an opposition within 3 months from the date of publication of the Trademark. The notice of opposition must be file in the same registry where the application of the disputed proposed Trademark was submitted. Any person who may have a similar trademark or is of the opinion that the trademark under question should not be registered on any other valid legal ground can file an opposition. If a third party is not able to file the opposition in the prescribed period, when the mark is open for public inspection and consequently, the mark gets registered, in this case, the remedy lies with the jurisdictional civil court. If Third Party is aggrieved by any order of the Registrar of Trademark, In this case, the remedy lies with the Intellectual Property Appellate Board (IPAB). A trademark opposition can be raised even if the trademark application is pending or already in use. The common law of rights prevents any person from selling goods and services.
GROUNDS OF OPPOSITION:
• IF the mark is similar or identical to an earlier or existing registered trademark.
• IF the mark is devoid of any distinctive character;
• IF the mark is descriptive in nature;
• IF the mark contains characters or indications that have become custom in the current language or trade practices;
• Application for the trademark is made with bad faith.
• It is of such nature so as to deceive the public or cause confusion;
• It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
• It comprises or contains scandalous or obscene matter;
• Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950;
PROCESS OF OPPOSITION: Notice of opposition must be filed within 4 months from the date of advertisement. The counter-statement must be filed within 2 months from the receiving of notice of opposition. If not filed, the applicant is deemed to be abandoned. On receiving a counter-statement, the opponent must file evidence in the form of an affidavit within 2 months. Which is extendable by one month OR the opponent has the option to refuse the opportunity to file evidence and intends to rely on the facts stated in the notice of opposition. Upon receiving evidence from the opponent, the applicant must file evidence in support of the application within 2 months if any which is extendable by one month. Additionally, the Opponent is given 1 month to file Evidence in response to the Applicant's evidence. This is extendable by one month. On completion of this paperwork, like notice of opposition, filing of counter-statement, evidence filed, the Registrar shall issue a notice of hearing to parties and concerned parties shall notify the registrar within 14 days about their intention to appear in the matter. Finally, the matter being heard shall be decided on merit. Registrar, on hearing the matter may favor the applicant, and register the said Trademark or may favor the opponent and reject the said Trademark.
## There may be complex things that occur during the process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time.
Our COMPLIANCES Expert, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money.
Working Process:
>Choose your Plan and Pay Securely.
> Upload required document
> An expert will be assigned to you for the procedure of submission of the application.
> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.
BASIC PLAN:
Drafting and filing of opposition notice.
For trademark application Inclusive of government fee and service tax.
Service Fees: 6999/- inclusive All Fees.
ACE PLAN:
REPLY TO TRADEMARK OPPOSITION. OR EVIDENCE SUBMISSION.
Service Fees: 14999/- inclusive All Fees.
TIME EXPECTED: Law Compliances can help you in the Registration of a Trademark in 7-10 working days.
** **Time taken for Incorporation will depend on the submission of the relevant documents by the client and also approval from the Government authorities.
FREQUENTLY ASKED QUESTION (FAQ):
Who can oppose Trademark?
Anyone can file for trademark opposition, but usually, an opposition is raised by a person who is the owner of the trademark or a mark that deals with similar goods and services.
Is it necessary to submit a power of attorney while submitting the trademark opposition?
Generally, a power of attorney is to be submitted at the time of filing the opposition notice. If the POA is not available it can be filed later on too.
What is the time period to file trademark opposition?
The Opposition notice can be filed within three months and can be extended by one month from the date which the trademark was published in the trademark journal. ***