TRADEMARK OPPOSITION
Starting @ Rs 5499 All Inclusive No Hidden Charge
It is also known as third party objection.
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BASIC
- Counter Statement Drafting
- Filing Counter Statement
- For Trademark Application Filed By Register Experts
- Including Govt. Fees & Taxes
POPULAR
- Counter Statement Drafting
- Filing Counter Statement
- For Trademark Application Filed By Third Parties.
- Including Govt. Fees & Taxes
PREMIUM
- Opposition Notice Drafting
- Filing Opposition Notice
- To Other Trademark Application Filed By Third Parties
- Including Govt. Fees & Taxes
What Is Trademark Opposition?
It is another part of trademark registration when the third party objects the applied mark while registering that mark once the registrar accepts the proposed trademark whether the acceptance provided at the hearing or at the time of exam report issued. If the registrar agrees with the proposed mark, then it will be published for four months in the journal by the registrar. The intent for publishing the mark in the journal is that any person who is not satisfied by that acceptance or suffered any loss or damages due to such a mark can raise his objection regarding that registration. When the TM objection raised by the government/ registrar, then it is known as an objection, but if objection raised by any third party, then it will be called as an opposition. The aggrieved party will send the notice of opposition to the applicant as well as to the registrar of the trademark in “FORM O” along with prescribed fees. The aggrieved party can be anyone whether they have trademark registration or not, even if they are an individual or any registered company, if they have the brand name which is very well known or popular among their customers then they have the right to file the opposition. The opposition notice shall be made only on that grounds which are mention in section 9 and 11 of the Trademark Act, 1999. The application shall contain:
- the name of the aggrieved party,
- names of the applicant;
- trademark application number against which opposition filed;
- the ground of opposition made;
- other relevant information along with supportive documents.
After getting opposition, the registrar will not directly reject the application; he will give the opportunity to present its defense.
Before appearing in front of a registrar regarding the opposition matter, the applicant first needs to file his reply to the opposition notice. If the registrar is satisfied with the answer of the applicant, he may reject the opposition, and if not then he may call both the parties at hearing to seek out the matter. At the hearing, if the registrar is satisfied with the applicant, then he may accept the proposed trademark, and if not then he may reject for registering the intended mark. Once the trademark is registered, then it will be valid for ten years, and after getting registered status nobody can raise any objection on it. This step is conditional which means that the proposed mark may get opposed or may not be opposed. However, if the mark gets any opposition, then it is always better to take professional guidance.
What Do You Get In Trademark Opposition
Documents Required For Trademark Opposition
ID PROOF
PAN Card, Adhaar Card, Voter Id Any one ID Proof
POWER OF ATTORNEY
Duly Signed TM 48
Application Number
Trademark Application Number
Process Of Trademark Opposition Reply
Step 1 - Trademark Status Search
Once the registrar accepts the trademark, it doesn’t mean the mark is registered. It is also important to continuously track the status of the mark regarding third-party objection. We will use your trademark application number to monitor your trademark’s current status. If any third party objected, we will send you a copy of the notice.
Step 2 - Notice Reply
After you give your authorization in the form of power of attorney, we will start your process, and the first thing is we will draft the counter-statement in against of such opposition and file the reply or counter statement regarding such opposition notice to the registrar.
Step 3 - Government Examination
After receiving the counter-statement in against of opposition notice, the registrar will examine them both, the counter-statement as well as the notice. If the examiner is satisfied by the counter-statement, then he will dismiss the opposition notice and if he believes that the third party has a valid point for opposing, then he may call both the parties at the hearing to resolve this opposition matter.
Step 4 - Hearing
If the registrar calls both the parties at the trial/hearing, then the matter will be decided in front of the registrar. The attorney will attend the hearing on behalf of the applicant and present his point of views and documents.
Let our experience be your guide
Trademark Opposition Online Starting @ 5499/-
Frequently Asked Questions
What is the time limit to reply or raise trademark opposition?
- Objection means the query raised by the government and opposition means when notice is issued by the third party.
- The objection is raised by the registrar at initial level means after submission of application the registrar may accept the application or may raise objection on it. The third-party gets right to oppose when the registrar accepts the application and publish it in the journal.
- The reply has to file within 30 days if objection raised by the registrar and within 60 if opposed by the third party.
Who can raise trademark opposition?
Any person can file trademark opposition on the applied trademark which is accepted by the registrar.
What is the difference between trademark opposition and trademark objection?
Only the third party has the power to raise the opposition. Any person can raise opposition on the applied mark within 4 months when the mark is published in the official gazette. The applicant has to file the reply of opposition within 2 months from the date of issue of notice.
What is the time limit for filing trademark opposition?
Any person can file trademark opposition on the applied trademark which is accepted by the registrar. If any person wants to raise the opposition then he has to file notice within 4 months from the date when the mark is published in the journal. The applicant has to file the counter-statement within 2 months from the date of issue of notice of opposition
Is it necessary that every trademark will get opposed?
No, not every trademark needs to get opposed. Although any person can oppose the applied mark which is published in the journal although the grounds of opposition should be valid and justifiable.
What are the grounds for filing trademark opposition application?
Any person can file an opposition against the trademark which is published in the journal. But the ground should be valid like:
- The mark is similar or identical with the existing or applied mark
- Application made hurts the religious feeling of any section of the public
- Application made is in bad faith
- The mark used is prohibited or restricted mark under Emblem and Name Act, 1950
- The mark is contrary or against any law
- The mark creating confusion or deceive the public
- The mark is descriptive in nature.
What is the process to respond to trademark opposition?
The applicant has to file the counter-statement to the registrar in the prescribed form along with the fees within 2 months from the date of issue of opposition notice.
Where to file trademark opposition application?
If any person wants to raise opposition on any mark then he has to file the application to the registrar along with the application of the mark.