Trademark Opposition Proceedings In India
Once Trademark is published in Trademark Journal, any person can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. The Opponent does not necessarily have to be a registered proprietor of a trademark. He can be a purchaser, customer, or a member of the public likely to use the goods or services. The rationale behind this is that the opponent is not only representing himself but the public at large because having two similar marks in the market can only result in confusion amongst the public at large.
Grounds for trademark opposition in India?
- Copied Trademarks: The mark that doesn’t have distinct features or characteristics from a registered trademark.
- Descriptive Trademarks: If the Trademark vehemently describes the quality, intended purpose, or the quality of the product, it comes under the grounds of trademark opposition in India.
- Deceptive Trademarks: The trademarks with certain features similar to an existing brand are considered to have the potential to confuse the public – deceiving them. Such deceptive trademarks can be opposed.
- The Prohibited Trademarks: Brand names or devices that are prohibited under the Emblem and Names Act, 1950, come under the prohibited trademarks.
- Common Trademarks: Common trademarks are general terms used in everyday life. Such marks can face opposition from a third party.
- Hurtful Trademarks: Certain trademarks that can hurt the sentiment of a particular community come under brand names that can face opposition on the grounds of being offensive.
Process for Trademark Opposition
Step 1 : Filing of the trademark opposition notice (Rule 42) : First, the aggrieved person finds out then delivers the trademark opposition notice to the applicant during the months of advertisement of the brand.
Step 2: Filing of the Reply of Notice of Opposition or counterstatement (Rule 44) : After receiving the notice, the applicant must file a counterstatement within two months. The trademark application is abandoned if no counter statement is filed.
Step 3: Assessment of the statements: The trademark authorities will assess both statements and then ask for evidence.
Step 4: Filing of trademark opposition evidence (Rule 45) : The opponent will then file trademark opposition evidence to support their stand of opposing the registration of the Trademark. It should be done within two months of receiving the counterstatement from the applicant. If the opponent fails to present the evidence during that time, the trademark application will be accepted.
Step 5: Filing of counterstatement evidence (Rule 46): Within two months of receiving the trademark opposition evidence, the applicant must provide evidence to support the trademark registration. If the applicant fails to do so, the application will be abandoned.
Step 6: Final hearing: After receiving the evidence from both sides, the trademark opposition authority will conduct a hearing. After hearing both sides of the argument, it will give the final decision.
How S.K. Agrawal & Co. Helps in Trade Mark Opposition?
With S.K. Agrawal & Co., you can file Trade Mark Opposition seamlessly. You can file Trade Mark Opposition in just 4 simple steps:
Step 1: Confirmation Mail Acceptance of our Proposal
Send confirmation mail at our email id regarding acceptance of our Proposal for filing of Trade Mark Opposition. You can request a callback or directly call to our expert on phone number provided at our website. Our experts will contact you and clear all your queries.
Step 2: Send the Documents on our Email Id
Send below-mentioned documents on our email Id to file your Trademark Opposition:
- Duly filled Checklist.
- Duly notarized and signed Power of Attorney.
- Extract of Trademark Journal
The Trade Mark Assignment from S.K. Agrawal & Co. is completely online and thus, you can save time and money as you need not have to visit our office. If you want to visit to our office you are most welcome.
Step 3: Document Verification by our Experts Team
Our expert team will verify the documents uploaded by you.
Step 4: Our Experts Team will File Forms on the Trade Mark Registry/Authority portal to Register Your Trademark
After the Trade Mark Opposition form is filed on the Trade Mark Registry/Authority portal, the Trade Mark Registry/Authority will verify the forms submitted by our expert team.
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