Introduction of Trademark Opposition
For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the expectation of the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
If the Trademark is registered it helps the registered owners to get the returns of their investments by restricting others from using the creation without permission. The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.
Trademark Opposition is case where the trademark application has been approved by the registrar on the distinctiveness factor and is published in the trademark journal for the third-party opposition. A period of 4 months is allowed to the public for opposition. The rely for the Opposition has to be given within 2 months of the date when Opposition was filed. If the said mark is opposed by anyone, opposition proceeding are required to be initiated. After which both of the parties are involved to reach a conclusion. The decision taken that whether the mark will be registered or is abandoned would be made on the basis of replies and hearings.
Further, There are no restriction on filing an opposition if someone believes that the published mark is creating confusion among the public an opposition can be filed for the same while the onus of defending lies in the hands of trademark registrant.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Trademark Opposition Reply. You may get in touch with our team on 072407-51000 or email admin@legalwindow.in for replying Trademark Opposition.
Need of Filing Trademark Opposition
Effective remedy for the Trademark Owner :- Filing of trademark opposition increases the chance of protection for the registered trademark owners in order to stop any other mark that can hinder/ dilute their brand identity or may cause any possible confusion in mind of the consumers.
Documents Required for Trademark Opposition
Conclusive Evidences as per the reply letter
Power of Attorney
1. Complete the Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the trademark opposition.
3. Preparation of TM Renewal Application
After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark renewal application in TM-R. Once the trademark renewal application is ready, we will share with you (soft copy) the draft application which is also known as a preview of a TM Renewal application for your review. Once the draft is being confirmed from your side we will present the same application to the trademark registrar after it is digitally signed by the attorney.
4. Trademark Challan
It usually takes 2-3 days for filing a renewal trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-R form along with the copy of challan.
The copy of challan contains the trademark application no., date of filing and applicant name along with attorney name, which serves as a proof that the application is successfully submitted to the registrar and is pending under the governmental process.
Additional Information
Following are the grounds on which opposition can be filed:-
If the trademark is similar or identical to an earlier or existing registered trademark
If the mark is devoid of any distinctive character or is descriptive
The trademark is likely to deceive the public or cause confusion.
If the mark is customary in the current language, or it is in the established practices of business.
If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
