Raising to Trademark Opposition
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Filing a trademark opposition involves challenging a trademark that has been published in the official trademark journal. Individuals may raise a trademark opposition for various reasons, which could include concerns about the trademark's ownership, prior existence of a similar trademark, descriptive characteristics, or any other grounds outlined in the Trade Marks Act of 1999.
The proper knowledge of the grounds and eligibility for raising a Trademark Opposition in India is must when you plan to raise an opposition. We can help you in explaining all about raising a Trademark Opposition. Let’s start with the benefits first.
You might wonder about the benefits of either facing opposition or opposing something during the trademark registration process. How does the publication in the Trademark Journal contribute to our advantage? Allow us to address your questions on this matter.
According to Section 21 of The Trade Marks Act, 1999, "Any individual has the opportunity, within four months from the date of the initial advertisement or a subsequent re-advertisement of a trademark registration application, or within a longer period, not exceeding one additional month as may be permitted by the Registrar upon a formal application and payment of the prescribed fee, to submit a written notice of opposition in the prescribed manner to the Registrar, contesting the registration."
In plain language, anyone can object to a trademark if they see it as similar to their own trademark or if they have valid legal reasons to oppose it. If multiple parties share the same concerns about a specific trademark, they can join forces to collectively oppose the registration. For instance, if someone attempts to trademark the word "DELHI," various individuals, groups, societies, and so on can collaborate to oppose the trademark registration.
Indeed, while anyone can file a trademark opposition, it's important to understand the various grounds on which such opposition can be raised. Several valid grounds for filing a trademark opposition include:
If the trademark is similar or identical to an earlier or existing registered trademark If the mark is devoid of distinctive character If the mark is descriptive in nature If the application for the trademark is made with bad faith If the mark is customary in the current language or the established practices of business If the trademark is likely to deceive the public or cause confusion If the mark is contrary to the law or is prevented by law If the trademark is prohibited under the Emblem and Names Act, 1950 If the mark contains matters that are likely to hurt religious feelings of any class or section of peopleSeeking the assistance of legal experts is recommended when preparing and submitting a counter-statement for trademark opposition. Our team of legal professionals at Docs Uncle can provide expert guidance and support for responding to trademark opposition.
Documentation required for replying to the trademark opposition as follows:
Name Nationality{Verification of drafting of trademark opposition has to be made by the applicant.}
Challenging a trademark necessitates the submission of a notice of trademark opposition within four months from the date of the trademark's advertisement or re-advertisement in the Trademark Journal. You must complete Form TM-O in the prescribed manner and pay the application fee of Rs. 2,700. The trademark opposition notice should include the following essential details:
The grounds on which you are raising opposition to the trademark.
Details must include trademark registration application number, class of goods or services for which trademark registration application was published along with the name of the applicant of the trademark application
It's crucial to understand that filing a trademark opposition primarily prevents the applicant from registering the trademark. To prevent the applicant from using the trademark, a separate legal action for infringement must be pursued in the appropriate court of law.
Within the time period of 4 months from the date of publication of the trademark in Trademark journal, you can file an opposition.
An affidavit along with some of your personal details is required to file a notice of trademark opposition.Trademark Form TM-O is required to be filed for Trademark opposition.
Opposition period for the trademark is 4 months from the date of advertisement in the Trademark Journal.
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