Trademark Opposition in Jaipur

What is a Trademark Opposition?

Trademark opposition in India comes to the fore after the registrar approved the trademark application on a separate basis and published the trademark in a third-party opposition magazine. Anyone may object to a published trademark within 3 months which may be extended for more than a month (3 + 1); from the date of its first publication. If the marker is challenged, the opposition process is started. After that, both parties need to conclude, and a decision is made. A decision on whether or not to mark or mark the mark will be made. There is no limit to file the opposition. Anyone who believes that a printed trademark is likely to confuse the community could form an opposition group while the trademark protection function is in the hands of the trademark registrar.

What is the time limit for filing Opposition?

The third-party must file a trademark objection within 3 months (extended for 1 month) from the date of publication of the trademark.

Who can file a Trademark Opposition?

Legally, Section 21 of the Trademarks Act, 1999 states that 'any person' may lodge a counter-notification. This includes individuals, companies, co-operatives, and trustees. In fact, if two or more people have similar problems with a product, they can be grouped as opponents.

What are the grounds for filing a Trademark Opposition in India?

The various reasons given for starting an Opposition are:

The trademark is similar to or similar to the previous or existing registered trademark.

The tag does not have a different character.

The marker describes naturally.

The trademark request is made dishonestly.

The marker is common in the current language or established business practices.

A trademark may be misleading the public or causing confusion.

The sign is illegal or prohibited by law.

Trademark is not permitted under the Emblem and Names Act, 1950

The tag contains stories that could hurt the religious feelings of any class or class of people.

What process is involved in filing an opposition in India?

The following sections are involved in the Anti-Trademark Process:

Notice of Objection: Any person may file a counter-notification with the trademark mark advertised in the trademark magazine within four months from the date of advertisement.

Statement of Objection: Within two months of receipt of the notice of opposition, the Applicant may file a counter-notification. If the Statement of Opposition is not filed within 2 months, the Applicant is deemed to have left the Trademark application.

Proof of Support of Objection: If the Applicant fills an Opposition Statement, within two months (extended for one month) upon receipt of the opposing statement the Defendant must submit proof, by Affidavit. Defendant also has the option to write to the Registrar stating that he or she does not wish to submit evidence but instead intends to rely on the facts stated in the Opposition Notice.

Proof of support for the application: Upon receipt of the Ombudsman's evidence, even the applicant is given 2 months (extended 1 month) to lodge Proof of support for the application, if any.

Evidence in response: In addition, the Appellant is given 1 month (extended 1 month) to include Evidence in response to the Applicant's evidence.

Hearing: According to the notice of opposition, counter-notification, and filed evidence, the Registrar shall call for a hearing. Within fourteen days of receipt of the notice of hearing, the parties are required to notify the Registrar of their intention to appear in the matter. Finally, the matter is heard by the Registrar and decided accordingly.

Registration or rejection: If the registrar decides in favor of the applicant, the trademark will be registered and a registration certificate will be issued. If the registrar decides in favor of the opponent, then the trademark application will be rejected.

Essentials for filing an Opposition

The trademark objection is filed in the TM-O form. The concerned group that files the file

the opposing party is required to submit the required documents and details of the opposing application.

The required details and documents vary depending based on the objection. Let’s take a look at the opposition area and the related details.

Prior Registration

If the objection is based on a pre-registered trademark, the opponent is required to state the details of that TM in its form, application number, and priority date.

Well-Known Marks

If the objection is based on an existing mark or a well-known market mark, any document that could serve as proof of that mark and indicating the country or countries to which the former mark is recognized should be noted. Alternatively, proof of registration or application can be presented.

Licensee

In cases where an objection is lodged by a non-registered licensee, the name and address of the licensee and proof of authorization to join the opposition party may be provided.

Foreigner

In cases where the opposition party is a foreigner, with no business place in India, the name of the opposition and his or her operating address in India are required.

Conclusion

Creating and maintaining a product is a huge undertaking and can be very costly. Therefore, the application must go through several checks and inspections before registration to prove its validity and validity.

Therefore, trademark opposition is an important and critical phase in the registration process. It is one of the most effective ways to protect your brand and protect your product. As limited time plays a major role in providing a solution. Registered property owners / ex-users need to be careful in protecting their marks by starting the right process at the right time.