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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.
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.
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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:
Listed below are the documents and details required for filing a Trademark Opposition.
The process of filing a responsive Trademark Opposition is complex and involves many process. However, with Filemydoc.com it is easy to file Trademark Opposition, as our professionals can help you with every step of Trademark opposition process.
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Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.
Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.
You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.
Trademark, the word is a combination of TRADE and MARK, means a mark which is used in trade, commerce or business. If you close down your business, in legal sense, if you do not carry on any business under your trademark then it will cease to exist. However in practical sense the trademark registry will continue to show your trademark alive unless it is withdrawn by you or it expires after 10 years of registration, due to non-renewal.
Every 10 years the trademark to be renewed, so that you can use your trademark for indefinite time.
Yes, As we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.
The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.
The trademark examination report of the objection over trademark on the website of IPI India.
The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.
A trademark is objected to due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.
An individual who thinks that his or her brand name or the reputation of the company will be damaged by the registration of a mark can raise a 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.
In case the trademark opposition is filed after three months but before four months expiry period the notice of opposition should be accompanied by a request for extension by providing a sufficient reason for the delay in the same.
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.
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.
The opposition notice should be filed at the trademark registry where conflicting mark application has been filed.
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