Reply to Trademark Opposition
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A counter-statement or reply to a trademark opposition is necessary when a third party has raised objections against the trademark you're attempting to register. In this response, you provide a point-by-point reply to the Registrar, defending the authenticity and legitimacy of your trademark.
Indeed, individuals can file a trademark opposition for various reasons, such as concerns about trademark ownership, pre-existing trademarks, descriptiveness, or any grounds specified in the Trade Marks Act of 1999. It's crucial to submit a reply or counter-statement when someone opposes a trademark published in the Trademark Journal, as this is a necessary step to address and resolve the opposition.
Before delving into the process of responding to a trademark opposition, it's beneficial to have a clear understanding of the grounds, eligibility criteria, and the necessary documents required for preparing a reply to a trademark opposition.
You might be wondering about the advantages of either facing opposition or opposing something during the trademark registration process. How does the publication in the Trademark Journal, as part of the registration process, benefit us? Allow us to address your questions on this matter.
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 NationalityFiling a counter-statement implies that an opposition has already been raised against the trademark you're trying to register, and now you are legally responding to that opposition. The Registrar has sent you a notice of trademark opposition, and you are addressing it through your counter-statement.
The grounds on which you are raising opposition to the trademark.
Following the conclusion of the evidence phase, a hearing is conducted, and both parties (the applicant for the trademark and the opposing individual/company) are informed of the hearing date at least one month in advance. The ultimate decision regarding the acceptance or rejection of a trademark rests solely with the Registrar.
You can contest a trademark opposition by submitting a well-drafted, point-by-point counter-statement, presenting evidence, and participating in a hearing. Alternatively, you can simplify the process by seeking assistance from Docs Uncle for your counter-statement in response to a trademark opposition.
The statutory fees for filing opposition and counter statement is Rs. 3000 for physical filing and Rs. 2700 for online filing. Moreover, it is pertinent to mention that the aforementioned fees shall have to be paid for every single opposition and also for filing counter statements to every single opposition.
Opposition period for the trademark is 4 months from the date of advertisement in the Trademark Journal.
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