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