Trademark

Trademark Opposition

Overview

A trademark opposition is a situation when a third party usually files an opposition because of a similar trademark being published in the Journal. The trade mark status reflects from “Advertised” to “Opposed” when a notice of opposition is filed by a third party.

Features of Trademark Opposition

  • Any person can file the notice of opposition.
  • If two or more person has same issues with regards to advertised trademark, they can jointly file as opponents.
  • Provide you the benefit for raising question if registered mark is against you trademark.
  • If the registered mark is descriptive in nature then also you can file for opposition.
Advanatges
  • Trademark is similar or identical to the existed registered trademark.
  • The mark is not distinctive.
  • The mark is descriptive.
  • It hurts religious sentiments.
  • The mark is contrary to the law.
  • Prohibited under Emblem and Names Act,1950.
  • Notice of opposition can be filed at the place where the application for the conflicting mark has been filed.
  • It is beneficial that a chance to raise opposition is given to you for the advertised trademark.
Disadvanatges
  • There is no disadvantage in filing a notice of opposition as you can have the right to protect your trademark before its infringement. But yes, if you file notice of opposition without any proper cause and statement of facts then it’s just a waste of time for court as well as other authorities.
To file notice of opposition

Any person can file a notice of opposition within the 4 months of the advertised trademark.

Making Counter statement

Within the time period of 2 months, after receiving the receipt of the notice of opposition you can file for a counter statement. It is mandatory to file counter statement within 2 months, otherwise trademark application stands to be rejected.

Show evidence in support of Opposition

The applicant needs to file evidence by the way of an affidavit. If a person doesn’t want to submit evidence then he must state in writing to the Registrar regarding the same.

Filing of evidence in reply

Additional period of 1 month is given to opponent to file reply of evidence filed by the applicant.

Hearing

Within the time period of 3 months after evidence completion, a hearing is organised and notified to the parties. After hearing the Registrar shall decide that trademark is accepted or rejected.

No other common registration

The registration process is same as mentioned in the registration section.

FAQS

The response to an opposition in a trademark examination report can be submitted by the trademark applicant through IPR experts also.
No you cannot use because firstly reply for the same should be drafted and submitted within 30 days. Also your application will show the objected status of trademark application which means an objection is raised on the application filed by trademark department.
When your trade mark status in the Indian Trade Mark Registry website shows “Objected” and the Registrar/Examiner has raised one or more objections in the Examination Report.
A Trademark is an intellectual property related to a product or service that differentiates it from others. Due to some reasons, trademark officers can have objections on any trademark application which does not meet their legal norms for which application for trademark opposition is filed.

List of Documents

  • Evidences in support of application
  • Application for notice of opposition

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