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Trademark Opposition

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Trademark Opposition

During the procedure of trademark registration, the important step is to advertise trademark journal by registrar or examiner. With this registrar gives chance to third parties to file opposition, if any with a time span of 4 months from the date of publication of advertisement. The main intention behind this is to enable public to know about the work and enable anyone to raise opposition. The opposition can be raised online through official website. If someone has raised any objection, the status will change into “Opposed”.

Why it is important to take help of an expert?

Main obstruction during the procedure of trademark registration is trademark objection as well as opposition. It is a complicated process as in case of non-filing of reply or no such strong reply may lead to cancellation of trademark application, so it is always advisable to take help of professional or trademark expert to remove any hindrances. It needs to have strong drafting and negotiation skills to file strong defense reply.

Is there any categorization who can file trademark opposition?

  • Any individual, private or public limited company, partnership firm, trust, organization, etc. can file opposition;
  • Joint opposition can be filed by two or more persons having the same cause of action;
  • The previous owner of trademark or who have same features as in goods or services can file opposition;
  • The earlier user of trademark, etc.

What are the services Lawyerinc offers for Trademark Opposition?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Trademark Opposition.
  • We have expertise in getting Trademark Opposition issues resolved.
  • We will get in touch with you through renounced lawyers in this field.
  • Our Experts shall guide you through the procedure and supply you with a detailed checklist of the required documents.
  • We shall verify the documents you provide.
  • An application for removal of trademark opposition/reply will be made by us and duly submitted.
  • Free consultation for any enquiry that you may have about Trademark Opposition.
  • You will get your Trademark Opposition done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Trademark Opposition and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

Please note that, we take around 5 - 10 working days to draft and file the trademark opposition reply.

Where can I file trademark Opposition notice?

Trademark opposition notice can be filed at the respective trademark registry where the application for the conflicting trademark has been filed.

What shall I do if status showing for trademark is "Opposed"?

If the status on website is ‘opposed’ it means someone has raised an opposition on your trademark. In that case you need to engage a good lawyer to submit counter-reply to the objection raised. The reply has to submit within time span of 3 months, which can be extended up to further period of 1 month in case of relevant cause. If appropriate reply is not filed, your trademark application can be cancelled.

What are the various reasons of Trademark Opposition?

  • If there is any resemblance between logo or word or the trademark with already existed product for which trademark has been applied.
  • If the trademark applied affects the sentiments of people in relation to religion etc.
  • The trademark must be unique and should not be identical to third party trademark, as trademark should be inherently distinctive and should not have been acquired by any person.
  • The objection may arise in case of wrongful filing of an trademark application;
  • Objection may arise in case of wrongful specification of goods or services;
  • Specification of product are not properly adhered as per NICE class heading provided;
  • Incomplete description or wrong description of trademark applied;
  • Inappropriate details given in application form;
  • Applied under wrong category/classification of trademark class;
  • Visual resemblance in design, font, pattern and color combination in logo etc.
  • Such other reason as specified by trademark examiner.

What are various steps of Trademark Opposition in India?

The person who wants to conflict the trademark, can file opposition within a period of 4 months from the date of publication of advertisement of objection. Once the opposition is received, the trademark owner can file a counter-reply to the opposition within time period of 2 months. All the evidences need to be supported with the application. Proper procedure as followed in normal litigation is followed. At the end after hearing both the parties and proper arguments, matter is decided.

Frequently Asked Questions

  • 1. Where can I file trademark application and reply to trademark opposition?

    In India Trademark registration can be done from five located in Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. Jurisdiction to file an application can be decided on basis of principal place of business of applicant in case of Indian applicant.

  • 2. Where can a foreign resident file trademark opposition reply or application?

    Foreign applicant can authorize any Indian agent or can hire an attorney by executing POA in order to make trademark objection application. Application can be filed where applicant’s agent or attorney resides or where there business is situated.

  • 3. Is the registration of trademark compulsory?

    No, Registration of a trademark is not mandatory but it is a prima facie evidence of the proprietorship of the trademark under registration as no suit infringement of unregistered trademarks can be instituted.

  • 4. Why to get Trademark opposition through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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