Customer

Company

Usage

Get In Touch

Support :
support@filemydoc.com
Sales :
sales@filemydoc.com
+91 90382 02111
Other Query :
info@filemydoc.com
(033) 4800 0423

Follow Us

Trademark Opposition Starting From ₹ 2999/-

File Trademark Opposition with Filemydoc.com. It's all start from Rs. 2999/- (Exclusive Govt. Fees).

Search over 300+ professional services

Popular : Pvt Ltd Company  Startup India  TM Registration  GST Registration

Filing a Trademark Opposition is quick, easy, and can be done online with Filemydoc.com in 3 simple steps

01
Fill the form

Fill in the basic details eg. Name, Email, Phone, City.

02
Talk to Instadoc Expert

Get callback from our experts and submit required details.

03
Application raised for trademark opposition

Our experts will file on your behalf.

Get Started in 3 Seconds

* These fields are required.

Overview

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.

Get Started to File Trademark Opposition

* These fields are required.

Benefits of Trademark Opposition

  • In the creation of a brand, the popularity and demand of the public plays a vital role. It is very important for the approval of a Trademark to consult the common public for the Registration of an applied Trademark.
  • The owners of the Registered Trademarks have an opportunity to stop any other similar or identical Trademark, which can, in the future, hinder or dilute the reputation of their already registered Trademark.
  • The owner can also stop the cause of any possible confusion in the minds of the common public when there is a similar Trademark in the market.

Checklist for Trademark Opposition

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:

  • The trademark is similar or identical to an earlier or existing registered trademark
  • The trademark is devoid of distinctive character
  • The trademark is descriptive
  • The trademark registration application is made with bad faith
  • The trademark is customary in the current language and or in the established practices of a business
  • The trademark is likely to deceive the public or cause confusion
  • The trademark is contrary to the law or prevented by law
  • The trademark is prohibited under the Emblem and Names Act, 1950
  • The trademark contains matters that are likely to hurt any class or section of people's religious feelings

Documents Required For Trademark Opposition

Listed below are the documents and details required for filing a Trademark Opposition.

  • Authorization letter
  • Affidavit of usage
  • Examination report
  • Trademark hearing notice
  • Documentary proof of Trademark in commercial use
  • The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

How to File Trademark Opposition Online

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.

  • Step 1: Opposition Notice
    Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first date of appearance.
    It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees.
  • Step 2: Counter-Statement
    After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement.
    If the trademark applicant fails to file the counter statement within the specified period, the trademark application shall be "abandoned". However, it is necessary to understand the trademark registration status.
  • Step 3: Hearing
    After the evidence filing 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 filing, 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 against him.
  • Step 4: Appeals
    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 turn, determines whether the trademark should be registered or not. However, the party aggrieved by the registrar's decision may challenge the same by filing an appeal before the Intellectual property Appellate Board.

Why Filemydoc.com for Trademark Opposition

1. Access to Expert : We provide access to best professionals and coordinate with them to fulfill all your legal requirements. You can also track your job progress with our easy-to-use dashboard, at all times.
2. Realistic Expectations : By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on each process to set a realistic expectations.
3. Strong Legal Team : With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.

FAQs on Trademark Opposition

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.

How we make your legal easily accessible ?

We handle all your messy startup legalities and make you stress-free

01

Raise Service Request in 3 seconds

Raise service request by simply filling our easy to use online form to get started in 3 seconds.

02

Dedicated Manager Assigned

We instantly assign a dedicated manager for your service who helps you throughout entire job cycle.

03

Submit Documents & Track Progress

Submit required documents, make partial payment & track job progress in realtime.

04

Congrats ! Your Job is Done

Get your job done within the timeline provided and start building a great business.

12000+ businesses trust us

90% Positive Google Reviews with 4.8 overall rating.