Trademark registration makes you stand out of the crowd and establish a unique identity of your products and entity. Trademark opposition is used in the cases where a person is trying to register someone else’s trademark under its name by using deceptively similar mark. Afleo offers services which will quicken your trademark opposition process.
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In this stage all your doubts regarding Trademark opposition system will be cleared by us. Then we collect all the necessary information and documents required for drafting an opposition Application.
The trademark opposition proceeding timeline is as follows. We will draft your opposition application within 1-2 working days based on given documents and information and send it to you for confirmation. Once it is approved by you, we will go ahead with final submission of Opposition.
Once the notice of opposition prepared by us gets approved by you, we will send it to the appropriate Trademark registry and will track the process of application and will inform you about the same.
Afleo.com can help you with trademark opposition proceedings at lowest price
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• The trademark is alike or identical to an earlier or existing registered trademark.
• The mark is devoid of distinctive character.
• The mark is descriptive or expressive in nature.
• Application for the trademark is made with bad faith or with fraudulent purpose.
• The mark is customary in the current language or in the established practices of business.
• The trademark is likely to deceive the public or cause confusion.
• The mark is contrary to the law or is prevented by law.
• The trademark is prohibited pursuant to the Emblem and Names Act, 1950.
• The mark contains matters that are likely to hurt religious feelings of any class or section of people.
Any person can file a notice of trademark opposition against a trademark who thinks that the applicant has deceptively used the similar trademark.
The notice of opposition is generally filed at the trademark registry where the application for the conflicting mark has been filed.
For example, if the application is filed at the Delhi office of the Trade Mark Registry, then the opposition proceedings must start in Delhi only.
A Public search of trademark is available at IP India website to check for the registered trademarks.
Click here: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx for searching trademarks that are previously registered
Filing a notice of opposition against any trademark can be done within a period of 4 months after the publication/advertisement of the mark in the Trademark’s Journal.
Form TM-O is used for filing notice of opposition of Trademark. The form can be downloaded from the following link:
If a person fails to file an opposition within the valid period and the trademark gets registered because of such failure, the owner of the trademark can file a suit for infringement in that case.
If the third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered. A registered user can’t restrain third party from using identical or similar mark.
The trademark opposition procedure in India is as follows. A notice along with the evidence can be filled within four months from the date on which the trademark was published in the journal. After the trademark opposition is filed, a counter statement or response to the trademark opposition will be filled by other party. Then it will be followed by evidence presenting from both the parties. Following which hearing will take place within 14 days at the registrar’s office. After which registration or rejection will be decided.
The trademark opposition system in India pursuant to section 9 and 11 of Trademark Act 1999, an opposition can be filed. Within 4 months of the publication of the trademark application in the trademarks journal any person can file an opposition through the Notice of Opposition in form TM-O along with the stated fee.
The counter statement to trademark opposition in India consists of the following:
A) First Stage - Filing of a counter statement by the respective party, by way of affidavit.
B) Second Stage - A date of hearing will be declared by a notice which will be given to both the parties.
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