Registration of trademark application filed by any applicant can be opposed by any person for many reasons during the trademark registration process. The person filing the opposition must have business or personal interest in the matter or be a prior trademark owner.
According to Section 21 of the Trademark Act, “any person” can file a trademark notice, regardless of commercial or personal interest within the matter. The question of bona fides of the opponent doesn't arise. Hence, trademark opposition filing is often filed by a customer, member of the general public or competitor or the other person. Also, the person filing the trademark opposition needn't be a previous registered trade mark owner.
A opposition of trademark are often filed under different sections like absolute grounds, relative grounds, prohibited mark or the opponent can also raise their own objection with reference to the proprietorship of the trademark opposed. The Indian Trademark Law doesn't provide any specific grounds of opposition. Hence, the rationale for trademark opposition might be varied.
After advertisement of a trademark within the Trade Marks Journal, a person can oppose registration of the trademark for a period of three months (which could also be extended by a period not exceeding 1 month). Trademark opposition filings are often done only at the Trademark Registrars office and can't be taken on to a Court or the Appellate Board (IPAB). If a trademark opposition is successful, the registration of the trademark is going to be refused. If the trademark opposition application is rejected, the trademark is going to be registered.
To filing of opposition of trademark proceedings a notice of trademark opposition are often filed by a person within four months of date of advertisement or re-advertisement of the appliance within the Trademark Journal. The trademark opposition must get on Trademark Form 5 within the prescribed manner and filed with applicable fees. The trademark opposition notice should contain the subsequent information:
Application against which trademark opposition is entered including trademark registration application number, class of excellent or services that trademark registration application was made and therefore the name of applicant of the trademark application. Details of the opposition of trademark party including legal name and postal address.
Once the trademark opposition notice is filed with the Trademark Registrar, the Registrar would serve a replica of the trademark opposition notice to the trademark applicant. Within 2 months of receipt of the opposition notice, the applicant of trademark must file a counter statement. If the trademark applicant fails to file the counter statement within the prescribed period, the trademark application shall be deemed to possess been “abandoned”. To understand more about trademark application status, ask "Understanding Trademark Registration Status". Based on the trademark opposition filed and therefore the counter-statement filed, the Registrar may involve the hearing of the parties. The Registrar then has the choice to rule on the trademark registration application and trademark opposition filing supported the evidence presented.
Private Ltd. is one among the highly recommended ways to start out a business in India. This sort of company offers liability for its shareholders with certain restrictions placed on the ownership.Read More
A trademark is business mark and it may be a visual symbol, which can be a word, name, device, label or numeral employed by a business to differentiate its goods or services from other similar products or services originating from a special business.Read More
Advantage of Company and a Partnership. Owner of LLP enjoys feature of partnership firm and befit of limited liability of companies due to these two feature LLP is popular among small business feature.Read More
In India, a non-profit organization are often registered as Trust by forming a deed called trust deed or as a Society under the Registrar of Societies by creating by-laws, or as a company with object of non-profit under Section 8 Company of the C.A., 2013.Read More
Get your GST Number registration online through InternationalTaxations.com. Our Export will help in & documentation, filing and follow up with department. Organization with annual revenue of Rs.20 lakhs or more must take GST registration. get your GSTIN number online in less than 5 working days.Read More
As per the GST law, every individual/Company/LLP registered under the GST Act has got to furnish the small print of sales, purchases and therefore the tax paid by filing for GST returns with the executive authorities.Read More
Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of government fee and GST.Get Started
Drafting and filing of opposition notice. For trademark applications NOT filed by IndiaFilings. Inclusive of government fee and GST.Get Started
Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and GST.Get Started