An individual or an entity can oppose any approved Trademark Registration with strong reasoning , including hurting religious sentiments or confusing with another brand.
Digital Filings can help you in…:
Filing the opposition petition
Submitting the counter statement
Collecting necessary evidence
Understanding Trademark Opposition
Trademarks (logo / symbol / emblem) provide a unique identity to your business and thus the trademark registration application goes through stringent checks. The next step after submitting Trademark Registration application is to further advertise or publish the desired trademark in Trademark Journal to check for any third-party oppositions before completion of the Registration process or approving the trademark.
As per Section 21 of Trademark Act, 1999 every individual, company, firm or trust is free to file a petition of opposition against an advertised Trademark within four months of publication. When a Trademark is opposed by any third-party, the Trademark registration status will be shown as ‘Opposed’.
A person or a company can file an trademark opposition on following grounds:
- Identical to an existing Trademark.
- Requested Trademark descriptive in nature.
- Promoting confusion among the public
- Hurting religious sentiments
- Prohibited under Emblem and Names Act, 1950
Key-Aspects of Trademark Rectification
Trademark Act authorizes entities / persons to raise oppositions against an approved trademark, within 4-months of Trademark’s advertisement or re-advertisement in the trademark journal. The original trademark applicant is then required to present a strong counter statement within 2-months of receiving such oppositions.
A Trademark gets registered under Zonal Registrar of Trade Marks or with the Intellectual Property Appellate Board (IPAB) and is approved by the concerned authorities post a prescribed inspection procedure. Designated Trademark inspectors present their report post closely verifying the facts, while their approval can’t be assured.
Post receiving any opposition, the Trademark Examination Report needs to be perceived appropriately and has to be responded in a clear and crisp manner, accordingly. A proficient reply to the authority / third-party for the raised opposition enhances the possibility of successfully obtaining the desired Trademark.
Released by the Trademark Registry, Trademark Journal is essentially an official gazette used to advertise the approved Trademarks. When the concerned authority gets contend with the trademark application, the authority advertises the approved Trademark in the journal. Also, third-parties can refer to the advertisement to oppose any registered Trademark,
We are Glad to Help!
Trademark Opposition is a complex process that requires proficient draft and presentation of the relevant documents and valid evidences.
Do Not Worry!
Trained Experts @ Digital Filings can proficiently assist you trademark opposition process, while you focus on other mission-critical business tasks.
- Drafting and Filing of Opposition Notice.
- Exclusive Pricing for Trademark Registration Applications Filed by Digital Filings.
- (Above price includes all taxes and relevant government fees.)
- Drafting and Filing of Opposition Notice. Pricing for Trademark Registration Applications ‘NOT’ Filed by Digital Filings. (Above price includes all taxes and relevant government fees.)
- Drafting and Filing of Opposition Notice along with Written Notice to Other Trademark Applicant. (Above price includes all taxes and relevant government fees.)
How we Do It…
Indian trademark act entitles persons / entities to oppose the published Trademark on solid grounds. Digital Filings can help businesses in efficiently filing a Trademark opposition within 5 to 10 working days.
After spotting the opposed Trademark on the official journal, the concerned party need to file an opposing request to the concerned registrar office within 4-months of publication of the Trademark Journal.
After receiving an opposition, the applicant is obliged to file a counter-statement within 2-months in order to safeguard the desired trademark registration. Post the counter-statement is presented, the opponent has to submit valid evidences in support of the opposition through an Affidavit. On receiving supportive facts, the trademark applicant also need to provide valid proofs within 2-months.
Final Show Down
Considering the opposition petition and supporting evidence from both the concerned parties, the Registrar calls for a hearing to which both parties have to acknowledge their intention to attend the trial within 14-days of issuance of the notice. After receiving the duly confirmations from both the parties, a hearing will be conducted.
Keep your Fingers Crossed!
Based on all the shreds of evidences and statements, the registrar takes the final decision which entirely depends on him and no interference can be made. If Registrar doesn’t find valid opposing statements / proofs, the Trademark Registration is granted in favor of the applicant. The verdict will, however, goes in opponent’s favor, if Registrar is satisfied with the information submitted by opposition party.
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