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Trademark Opposition
A trademark that has been officially registered enjoys protection against unauthorized usage by third parties, thereby shielding it from any potential infringement. Contact our specialists!
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Overview
Have you ever pondered over the transition of your Trademark Registration Process from being Accepted & Advertised to being Opposed, or in broader terms, becoming involved in Trademark Opposition? Does the status of your TM Application being Opposed seem daunting, leaving you uncertain about obtaining your Trademark Registration Certificate?
Features & Benefits of Trademark Opposition
- The public's favor, innovation, and market demand are pivotal elements in brand development. It is critical for the approval of a Trademark to consult the general public before registering an applied Trademark via TM Opposition.
- Trademark owners possess the authority to bar any comparable or indistinguishable trademark from encroaching or diminishing the prestige of their existing registered trademark through trademark opposition.
- Managing and establishing a brand is a significant obligation that demands considerable investment. Consequently, prior to brand registration, the application must undergo numerous assessments and evaluations. One such challenge/opportunity is trademark opposition.
- Trademark registration solidifies a brand's market credibility and uniqueness. Therefore, trademark opposition stands as a crucial and pivotal phase within the trademark registration journey. Filing an opposition proves to be one of the most potent methods to safeguard and preserve your trademark.
- Trademark registration solidifies a brand's market credibility and uniqueness. Therefore, trademark opposition stands as a crucial and pivotal phase within the trademark registration journey. Filing an opposition proves to be one of the most potent methods to safeguard and preserve your trademark.
Process
Documents Required for Trademark Opposition
Below are essential documents necessary for initiating an Opposition/ Counter Statement:
- The required details for the applicant, comprising complete name, address, nationality, qualifications etc. should be provided. For corporate bodies and other entities, a Registration Certificate must be furnished.
- Granting a Power of Attorney enables the designated representative to lodge the Opposition/ Counter Statement on your behalf.
- File an Affidavit containing fundamental details about the Trademark, user statistics, and proof of usage.
- Detailed information about the mark against which the Trademark Opposition/ Counter Statement is to be filed in the name and basic grounds for filing the Opposition.
- Additional documentation may be necessary on a case-by-case basis, depending on the specifics of the situation.
FAQ's on Trademark Opposition
When a trademark is opposed, one must file a trademark opposition reply with counter statements and evidence supporting the trademark’s authenticity.
It is strongly advised that an “Opposition” to be filed after a trademark is advertised in the journal and not after the Trademark is already registered.
The total time to file reply to TM-O is 4 Months. It is important that as an applicant, you should start the preparation of Counter Statement as early as possible. Also, the more time you take, more delay it will cause in the TM Registration Procedure. The entire trademark opposition procedure depends on the case-to-case basis.
According to Section 21 of the Trademark Act, ‘any person’ can oppose a trademark, irrespective of their commercial or personal interest in the matter. A trademark can be countered by a customer, member of the public or competitor, or any other person. Further, on expiry of the four months deadline, no notice of opposition can be filed and the Trademark proceeds to registration
Following the submission of the trademark registration application, the trademark Examination process begins, and if your application is found to be suitable for registration, it is published in the Trademarks Journal. The goal of such publication or advertisement is to make the work known to the public and allow any third party to file a trademark opposition against it. Only if he or she is dissatisfied with the process of trademark registration then the third party may file a trademark opposition.
We at Compliance Calendar can assist you with your trademark application status “Opposed” with full fledge services from start to end. When a trademark registration application is filed in India, the registrar publishes it in the trademark journal, and a third party has four months from the date of publication or advertisement to file an opposition to the trademark application. When an Opposition is filed against your trademark, the status of your online trademark registration will change to “Opposed”. For any support, reach out to us at info@ccoffice.in or connect at 9988424211.
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