What is trademark opposition, and how does it work?

 An objection submitted by a third party against the registration of a trademark that has been accepted and published in the Trademark Journal is known as a trademark opposition. Any interested party has four months from the date of publication of the trademark advertisement in the trademark journal to file an opposition.

In India, who can oppose a trademark application?


Any person may oppose the registration of a trademark published in the Journal by filing a notice of opposition with the Registry in the prescribed way and with the required fee, according to the Trade Marks Act of 1999. Any individual can file a notice of opposition against a trademark under the Act, and the Opponent does not need to have an application or registration in India to do so.


When is it possible to register an opposition?


When a trademark is accepted and published in the trademarks journal, anyone can file a notice of opposition against registration of the trademark within four months of its date of publication in journal. It must be submitted in the specified manner on TM-O and with the appropriate fees. Furthermore, when the four-month period has passed, no notice of opposition can be filed and the trade mark will be registered. After that, the only option is to file a rectification against the registration.

The grounds of opposing Trademark Registration-

The aggrieved party – the one who is opposing the registration of a trademark – must establish one of the following grounds in order to file a trademark opposition notice:


Copied Trademarks: A trademark that lacks any distinguishing features or qualities and is identical to a trademark that has been registered.

Descriptive Trademarks: In India, if a trademark vehemently defines the product’s quality, intended purpose, or quality, it is subject to trademark opposition.

Deceptive Trademarks: Trademarks that have certain characteristics similar to an existing brand are thought to have the potential to deceive the public. Deceptive trademarks can be challenged.

Prohibited Trademarks: Prohibited trademarks are brand names or devices that are prohibited under the Emblem and Names Act of 1950.

Common Trademarks: These are common words that are used in everyday life. A third party may object to such trademarks.

Offensive Trademarks: Certain trademarks that can affect a community’s sentiment fall under brand names that can be challenged on the basis of being offensive.

CAN YOU OPPOSE TRADEMARK REGISTRATION AFTER 4 MONTHS?

No opposition can be brought after the required four months of publication. The Registrar will enroll the trademark in the records and issue a trademark registration certificate if no objections are lodged within four months of the trademark being published in a trademark journal.

WHAT HAPPENS NEXT WHEN I FILE MY NOTICE OF OPPOSITION?

When a Notice of Opposition is filed within due time, the Registrar serves a copy of the same to the Applicant who then files a counter statement in support of his application. The Opponent has the option of producing proof in support of his opposition in the form of an Affidavit within two months of receiving the counter-statement. If the Opponent wants to rely on the facts given in the notice of opposition, he can choose to forego filing an affidavit by filing a Letter stating his intent to rely on the facts given in the notice of opposition. Whatever decision is made, the Opponent must notify the Registry and the other party within the time frame specified, or the opposition would be considered abandoned.
for more information visit markshield

Comments

Post a Comment

Popular posts from this blog

How to Copyright a Website

Image
  Because your company's website is valuable, it deserves legal protection from infringement, which can only be obtained by filing a copyright application. In today's corporate environment, a website is an essential marketing and promotional tool. A unique, user-friendly website may highlight your company's products, items, or services, entice new consumers and clients, and promote your brand overall. In reality, a company's website is frequently one of its most significant assets, one that should be safeguarded. Copyrighting your website through india copyright office might give you legal protection from competitors who might try to replicate or borrow from it. How to Register a Website's Copyright In three easy steps, you may register a copyright for any unique work, including your website.   Fill out a copyright application form and send it to india copyright office either electronically or by U.S. mail. If you want to file electronically, go to copy...
Read more

What Is Copyright Registration?

Image
  Copyright is the exclusive right by law to do certain actions in respect of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright does not protect the specific idea or information or content but it protect the form and manner in which it is represented. It is applicable on a wide range of innovative, intellectual, scholarly, or artistic forms or works. The copyright symbol ‘©’ is used by the owner who have registered copyright. Advantages Of Copyright Registration It ensures that there is your name mentioned in public record as owner of the copyright material. It provides you certain rights regarding the copyrightable material which has been exclusively use by the copyright owner. It enables you to sue infringers before the court of law. Documents Required For Copyright Registration. Registration guarantees legal protection guards goodwill and restricts unlawful reproduction of the work of the inventor. Global protecti...
Read more

What Is a Patent?

Image
  A patent is a property right granted to an inventor by a governmental body. In exchange for a complete disclosure of the innovation, the inventor receives exclusive rights to the patented technique, design, or invention for a certain length of time. Patent applications are normally handled and approved by government bodies. The US Patent and Trademark Office (USPTO), which is part of the Department of Commerce, processes applications and issues approvals in the United States. Patents: An Introduction In the United States, most patents are valid for 20 years from the date the application was submitted with the USPTO, however there are few exceptions that allow a patent's validity to be extended. Patents issued by the United States are only valid in the United States and its territories. It is critical to investigate the intellectual property rights of other countries and apply for protection with their governing bodies if seeking protection outside of the United States. Pate...
Read more