Trademark Opposition

Trademark Opposition

Trademark Opposition

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone 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. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.

  • There are mainly two reasons behind the owner of the Trademark will oppose like;
  • The person thinks that the accepted application of the Trademark is too similar to their own.
  • Buy a Registered Trademark and another party is attempting to remove their Trademark.

Elements of the Trademark Opposition Filing

A Trademark Opposition notice must have following four elements like;

  • Trademark Application details against which opposition is entered.
  • Earlier Trademark or right details on which the opposition is based.
  • Opposing Party Details.
  • Different grounds on which the opposition is based.

Benefits of filing Trademark Opposition

ØHighly effective remedy for TM owner

Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion in the market.

  • Public consultation

As the brand is created through the public popularity and demand, it is very important to consult the public for approval about the registrability of the applied trademark.

Documents Required to File a Trademark Opposition

.Details of Applicant-

·Name, Address, Nationality, etc of the applicant.

·Body corporates/other categories need to provide with registration certificate

 

üPower of Attorney-It allows the attorney to file the trademark opposition on your behalf

 

üAffidavit-Affidavit with the basic information about the trademark and its user date and proof of use

 

üDetails about the Opposed Mark-Detailed information about the mark against which the opposition is to be filed, i.e. name and basic grounds for filing the opposition

 

  • Professional fees :

  • 5999/-

Request a Callback

Need Help ?

  • (+91) 7711823333
  • info@taxfusion.in

Share Links