Trademark Opposition

    - Get your trademark opposition/counter statement filed @ just Rs 5,699/- (all inclusive)
    - Hassle free process handled by IP Lawyers
    - Within 3-4 working days

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Trademark Opposition

Trademark helps in recognizing distinctive goods and services, by creating an identity that takes a brand out of the crowd. If it is not verified, then a brand loses its position in the market. A trademark opposition is the critical stage where a third party can stop an individual or organization from obtaining registration of a trademark which is not unique and already used by the other organization. According to section 21 of trademark act 1999, under opposition proceedings of trademark a person can file the opposition to trademark application. A person can file a trademark opposition within a period of three months from the date of the publication in the trademark journal. Anyone who believes that the published trademark creates ambiguity in the market is free to file trademark opposition. In the same way any person received a trademark opposition shall have to file a trademark opposition reply which is also called counter statement. At Unilex Consultants we provide you a hassle free trademark opposition filing and its counter statement, which would be dealt by our professionals within 2-3 working days. Our team takes care of the documentation and aids in provide you the realistic estimation of cost.

Advantages of filing a trademark opposition

EFFECTIVE METHOD FOR TRADEMARK OWNER

Trademark opposition is an effective remedy for the registered trademark owner to stop any other mark that can create confusion in the market.

PUBLIC CONSULTATION

As a public make a brand popular and demandable. It is very crucial to consult with the public for approval about the trademark registry.

ANY CAN FILE TRADEMARK OPPOSITION

Anyone can file a notice of opposition on the trademark, if he/she believes that it is advertised or used by other people earlier.

REDUCE AMBIGUITY IN THE MARKET

Trademark opposition is the best way to reduce confusion in the market that causes my similar trademarks. A third party is free to fill objection on a trademark within 3 months from the date of the trademark publication.

Documentation for filing a trademark opposition

Detail of Applicant

Power of attorney

Affidavit

Details about the opposed trademark

Packages



Note:


Process involved in registering a Trademark Opposition

1

Collection

2

Execution

3

Submission

Grounds for filing trademark opposition

    - If the Trademark is existing or published by some other party earlier.
    - The trademark is likely to create confusion in the market.
    - The trademark is prohibited under the Emblem and Name Act 1950.
    - The trademark is deceived in nature.
    - The trademark is devoid of distinctive character.
    - The trademark contains matters that likely hurt the image of a brand or religious settlements.

FAQs About filing a trademark opposition

Who can file the notice of opposition?
As per the Indian law, ‘anyone’ file an opposition on trademark, if they believe it is causing confusion in the market. Here ‘anyone’ refers to individuals, partnerships, companies, firms, and trusts. If one or more person has the same concern or issue they can file an opposition on a trademark together.
What is the next stage once I file the notice of opposition?
Once the notice of opposition is submitted then you are required to file a counter-statement within 2 months. In case, if you fail to file a counter-statement, the applicant is deemed to have abandoned your application.
If I am not able to find the evidence within a stipulated time, are there provisions to file evidence at a large stage?
Don’t worry, if you are able to file evidence within a stipulated time, then you can file it later as ‘future evidence’. Anyway, this should go with an interlocutory appeal clarifying the explanations the reason delay in filling of the said proof and requesting Registrar's authorization to overlook the delay.
What is the time period for an opposition to decide?
Considering the tremendous backlog at the Trade Mark s Registry, it is hard to gauge the specific timeframe for the finish of the opposition proceeding. Generally, it takes 3-4 years for challenging the opposition to be decided.
Out of five trade in the market In India, where I can file the opposition?
The notice of opposition is ought to be documented at the trademark registry where the application for the filling opposition on a trademark has been recorded. For example, if the application is documented at the Delhi office of the Trade Mark Registry, at that point the opposition procedures would be started in Delhi as it were.
Once the evidence is submitted by both the parties, what is the next stage of proceeding?
Once the evidence is filled by the opposition parties, the next would be hearing at the trademark registry. This registry office call both the parties to submit the oral submission. The parties will receive prior notice from the registry office. The registry will examine the evidence and hearing both the parties concerns and they pass the written orders. In case, if any party disgruntled by the decision he/she can file an appeal at Intellectual Property Appellate Board.

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