Trademark Opposition

Trademark Opposition

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Intro

₹ 6,999/-

All-inclusive Price* for Trademark Opposition Notice

  • Discussion on possible grounds to oppose the mark
  • Expert Consultation
  • Drafting & Filing of Opposition Notice
  • Power of Attorney (TM-48)
  • 24/7 - Call & Chat Support for TM Use Queries
  • Application Tracking & Regular Updates
  • Real-Time Updates through your gk account
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As per the following timeline, your selected plan will be processed

Day 1-3

We collect necessary information & documents to file Trademark Opposition.

Day 4-8

We draft everything needed in the preparation of the application.

Day 9-10

We proceed to submit the trademark opposition application online.

Finally

We will keep you updated on the status.

Company Registration in India: An Overview on Private Limited Company

Upon scrutiny by the Trademark Registry, it will publish the trademark application in the journal for further public objections. Anyone who objects to the trademark may file an opposition notice within four months from the date of advertisement published in the Trade Marks Journal, regardless of business or personal interests. When a trademark registration is challenged, the status changes to ‘Opposed .’ The Registrar initiates the hearing for evidence and the opposing party’s contentions for the trademark opposition.

Generally, those who file an opposition are :
Registered User– The owner of a prior trademark application or registration representing a similar product.

Prior User– A prior user of the same or similar trademark which has not registered.

Is it necessary to file a Trademark Opposition?

Brand Protection

It takes a lot of strength and time to build a brand that becomes popular over time. If we don't protect it, it can be easily misused.

Avoid Illegal Use

You will also be able to prevent any illegal use or misuse of the existing mark concerning your goods or services.

Why are the grounds of Trademark Opposition?

The mark lacks distinguishing features that may specify quality, quantity, intended use, value, geographical origin, or time of production in trade.
An OPC means a company with only 1 person as a member Shareholder can make only 1 nominee; he shall become a shareholder in case of death/incapacity of original stakeholder.
Mark that are likely to hurt the religious sentiments of any class or section of people.
The mark is prohibited under the Emblem and Names Act, 1950
Its use can recognize a trademark in the accepted language or by the established practices of a business.
The trademark is similar or identical to an earlier or existing registered trademark.

List of Documents Required for Company Registration in India

  • Details & Docs of the Applicant
  • Incorporation Certificate (as applicable)
  • Latest Telephone Bill /Electricity Bill/ Bank Account Statement
  • Power of Attorney to file the notice
  • Details on the grounds of Opposition for TRademark
  • User Affidavit-to claim specific use date and as proof of use

Here Are Some Frequently Asked Questions

Who can file TM opposition, and when?

Anyone who objects to the trademark may file an opposition notice within four months of the advertisement’s publication in the Trade Marks Journal, regardless of business or personal interests. Generally, those who file an opposition are :
Registered- The owner of a prior trademark application or registration representing a similar product.
Prior User– A prior user of the same or similar trademark which has not registered.

An aggrieved party may appeal a decision made by the Registrar in an opposition proceeding by filing an appeal with the Intellectual Property Appellate Board (IPAB) within 90 days of the date of such decision.
The right of passing off in a common-law jurisdiction allows individuals to oppose a Trademark application although it is pending or in use if not registered. It is illegal for anyone to offer his goods/services under the name and benefit from it.
A notice of opposition is filed because the mark has become distinctive, and the plaintiff’s goods and services have become associated. It is essential to establish that it has become distinctive. Therefore, any mark that may cause confusion among consumers cannot be registered since it would harm the business of the already existing users.

You can oppose a pending trademark application on the following grounds:

  • The mark lacks distinguishing features that may specify quality, quantity, intended use, value, geographical origin, or time of production in trade.
  • The mark may mislead the public or confuse them. It includes any trademark that may be confused with one already registered or has become customary in business practice.
  • Marks that contain matters that are likely to hurt the religious sentiments of any class or section of people.
  • The mark is prohibited under the Emblem and Names Act, 1950
  • If it is a trademark in common usage and/or established in the industry.
  • There is an earlier or existing trademark that is similar to the trademark.