Trademark Opposition
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- Reply against third parties
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- Hassle Free Process
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Introduction
For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the expectation of the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
If the Trademark is registered it helps the registered owners to get the returns of their investments by restricting others from using the creation without permission. The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.
Trademark Opposition is case where the trademark application has been approved by the registrar on the distinctiveness factor and is published in the trademark journal for the third-party opposition. A period of 4 months is allowed to the public for opposition. The rely for the Opposition has to be given within 2 months of the date when Opposition was filed. If the said mark is opposed by anyone, opposition proceeding are required to be initiated. After which both of the parties are involved to reach a conclusion. The decision taken that whether the mark will be registered or is abandoned would be made on the basis of replies and hearings.
Need of Filing Trademark Opposition
Documents Required for Trademark Opposition
- Power of Attorney
- TM-O filed by the Opposition party
- Conclusive Evidences as per the reply letter
Process of Trademark Opposition
1. Complete the Questionnaire
2. Submitting Documents
3. Preparation of TM Opposition
4. Trademark Notice & Registration
Get Trademark Opposition Reply Filed Starting from ₹ 6000/-
- Professional Consultation
- Filing of Opposition
- Drafting of Opposition
- Trademark Certificate
Additional Information
- If the trademark is similar or identical to an earlier or existing registered trademark
- The trademark is likely to deceive the public or cause confusion.
- If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
- If the mark is devoid of any distinctive character or is descriptive
- If the mark is customary in the current language, or it is in the established practices of business.
- The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
FAQs on Trademark Opposition
A period of 4 months is allowed to the public for opposition from the day when it was first published. If the said mark is opposed by anyone, opposition proceeding are required to be initiated. After which both of the parties are involved to reach a conclusion.
Anyone can file but it is usually initiated by the person who is the owner of trademark earlier registered or a mark that deals in the similar goods/services or which has a possibility of creating to cause confusion or harm in the mind of consumer or an existing mark can file an opposition, even if its own mark is not registered.
Following are the grounds on which opposition can be filed:-
- If the trademark is similar or identical to an earlier or existing registered trademark.
- If the mark is devoid of any distinctive character or is descriptive.
- The trademark is likely to deceive the public or cause confusion.
- If the mark is customary in the current language, or it is in the established practices of
- If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
- The mark contains matters that are likely to hurt religious sentiments of any class or section of people.