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Trademark opposition

    Trademark opposition

    Trademark opposition is a stage in which a third party may prohibit a person or a corporation from obtaining registration of a trademark which is not separate or is already being used on the market. Any individual can challenge a trademark application filed by an applicant during the trademark application stage for different reasons. The person filing the opposition does not need to have any financial or personal interest in the matter or to be the proprietor of a previously licensed trademark.

    Advantages of trademark opposition
    • Effective method for the owner of the trademark: Opposition to a trademark is a successful remedy for the proprietor of a registered trademark to bring an end to any other trademark that could cause business uncertainty.
    • Public views and consultation: It is very important to consult the public regarding the trademark registry for approval. As public makes a brand popular and high demanding.
    • Anyone can file trademark opposition: Anyone may file a notice of opposition on the trademark, if he/she claims that it is advertised or used by other persons earlier.

    Trademark opposition Process

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      Documents Required for Trademark opposition in India

      Trademark Application ID

      Power of Attorney

      Executed on a non-judicial stamp paper authorizing our attorney to act on your behalf.

      What do you get

      Draft Reply

      A copy of the draft reply to the trademark opposition

      Acknowledgement

      FAQs for Trademark opposition

      Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.

      The notification of resistance can be recorded in a quarter of a year, extendable by one month (3+1) from the date on which the brand name was distributed in the Trade Marks Journal. On the off chance that the notification of resistance is documented following three months yet before the expiry of four months, at that point it must be joined by a solicitation for an augmentation by one month, giving adequate purposes behind the deferral in recording the resistance.

      In India, anybody can petition for the Trademark Opposition. Generally, it is started by an individual who is the proprietor of a prior brand name or an imprint that manages comparable merchandise/administrations; or that has a chance of making disarray or mischief a current imprint can document a resistance, regardless of whether its own imprint isn’t enrolled.

      Through a customary law of privileges of passing off, one can document a resistance regardless of whether the Trademark application is forthcoming or as of now being used if not enrolled. This law keeps any individual selling his products/administrations as that of another and profiting by it.

      The subsequent stage is taken by the Registry. The enlistment center serves the duplicate to the rival so they can record a counter assertion. This must be recorded inside 2 months of the receipt of the notification of resistance. In the event that it isn’t recorded, it is accepted to be surrendered.

      In a situation where the notification of resistance is documented on the utilization of the imprint, it is basic to show that the contested imprint or logo has gotten unmistakable and is perceived that of the offended party’s merchandise and ventures. Consequently, any imprint that can create turmoil among the shoppers can’t be enrolled as it would hurt the previously existing clients’ business.