Trademark Opposition
Want to protect your trademark or trademark mark from Trademark Opposition? Trust EOB for reliable and a suitable response.
Fee: Rs. 11,000 (All Incl).
Want us to get in touch?
What is a Trademark Opposition?
In India this stage arrives after the examiner has approved the trademark application and when the same is published in the journal. This is published for any third-party opposition to the application. The tricky part is, during the 4 months period when it is published in the journal, anyone can raise an objection. The objection need not come from a trademark owner. By law it can be raised by any individual who is or isn’t connected with the trademark or a similar line of business.
When a trademark is opposed, the opposition proceedings are initiated. It is expected that both parties involved or affected will discuss and arrive at a conclusion or decision. While anyone can file for a opposition, remember that the entire responsibility of defending the opposition lies with the applicant. The registrar will take the final call on the objection and the counter responses.
Protection for Trademark Owner
As an trademark owner, this is an opportunity from the trademark being misused or the brand value being affected. It’s a chance to raise an objection for any distinctly similar trademark from being approval for registration.
Online Response to Trademark Opposition
The following preparation is needed before filing the online response.
-
- Details of applicant with name and address
- Companies will need to provide registration certificate.
- Power of Attorney for the attorney to file the trademark opposition on the applicants behalf.
- Affidavit with information about the trademark and proof of use
- Information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition
- There various reason for applying for opposition. Some possible cases could be:
- If its similar or identical to an earlier or existing registered trademark.
- If its devoid of any distinctive character.
- Likely to cause confusion or mislead people
- Mark is contrary to the law or prohibited under any law.
- Contains matter that huts religious sentiments.
THE PROCEDURE
The Procedure for Trademark Opposition Process
There are a series of steps before the company formation is completed. They are listed below for easy reference. The entire procedure takes 10 to 12 working days to complete (Based on standard government processing time).
- Collect relevant information
- Collect all related documents needed
- Drafting of Opposition application by EOB legal Experts
- Filing of online Trademark Opposition application
FREQUENTLY ASKED QUESTIONS
Explore Trademark Opposition
What is a Trademark Opposition?
A trademark opposition can be filed by anyone who has valid reasons to believe that the registration of a trademark. It could be someone who already owns a trademark and believes the new registration can cause damage to their mark or brand value. It can also be filed by someone who believes that the trademark being filed can be misleading or hurts any religious sentiments.
What is the time period for filing the Notice of Opposition?
The trademark application is published in the journal and is available for any opposition for 4 months.
Can anyone file the Notice of Opposition?
Yes, in India, any person can file the trademark opposition. He/She doesn’t have to be owning a trademark similar to the one in question. However, as a common practise it is always initiated by someone who owns a similar trademark or a trademark that deals with a similar like or products or services. It can even be filed my a person or entity who haven’t filed for their own trademark.
What happens after filing the Notice of Opposition?
Equal opportunity is given to both parties. So the next step is that the registrar serves a copy of the opposition to the opposite party. The opponent is expected to file a counter statement or response. They are usually given 2 months’ time to prepare and response. Failing to do so in 2 months is considered as abandonment.
FROM BLOG
Helpful Resources
