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Procedure for Trademark Opposition in India: Grounds & Methodology

In this article we will take a look at the procedure for trademark opposition in India. If a trademark objection is made by the opposition party, they can choose to be heard, and the trademark application will be given the possibility of being considered

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Procedure for Trademark Opposition in India

Procedure for trademark opposition in India are generally such as logos, phrases, or symbols employed by a company or service company to distinguish their product. or to identify their service. or service. The process of trademark registration is long and involves advertisements for the trademark and service in trademark journals such as the trademark journal.

procedure for trademark opposition in india

When a trademark advertisement is made or re-advertisement of an applicant to register, anyone is able to initiate trademark opposition proceedings pursuant to the Trademark Act of India. If a trademark objection is made by the opposition party, they can choose to be heard, and the trademark application will be given the possibility of being considered and react to the procedure for trademark opposition in India.

In this article we will take a look at the procedure for trademark opposition in India.

Grounds of Procedure for Trademark Opposition in India

Grounds of Procedure for Trademark Opposition India

A trademark objection can be brought on any grounds by anyone. 

Here are a few of the reasons for trademark opposition in India:

  • The trademark is identical in its appearance or similar to one existing or prior registered trademark.
  • The procedure for trademark opposition in India has no distinct character.
  • This trademark has a description of the natural world.
  • Application for trademark registration has been done in poor trust.
  • The trademark is used in the present language or in the standard procedures of a company.
  • The trademark could confuse the public or create confusion.
  • The trademark is against the law or is prohibited by the law.
  • The trademark is banned by the Emblem and Names Act, of 1950.
  • The trademark is a collection of items that could affect the religious sentiments of any group or category of people.

Methodology for establishing Trademark Opposition

To begin proceedings to challenge trademarks A notice of procedure for trademark opposition in India can be filed by anyone within four months from the day of the advertisement or re-advertisement within the Trademark Journal. The trademark opposition should be filed in the form of Trademark Form 5 in the prescribed manner and must be filed with the appropriate fees. 

The notice of opposition to trademarks must include the following details:

  • A procedure for trademark opposition in India application is filed, including trademark registration number, class of product or service to which the application for trademark registration was submitted as well as the name of the person who submitted the application in the petition for trademark registration.
  • The details of the trademark opposition party, including the address and name of the party.
  • The reasons to contest trademarks.

Trademark Opposition Procedure

Infographic on Trademark Opposition Procedure

When you have filed the notice of trademark opposition has been submitted to the Trademark Registrar The Registrar will send a copy of the objection notice for trademarks to be served to the owner. Within two months of receiving the notice of opposition to the trademark, the trademark owner must submit a counter-statement. If the trademark owner does not submit the counter statement within the specified time the trademark application will be deemed “abandoned”. For more information on the status of trademark applications, go to the article ” Understanding Trademark Registration Status”.

In light of the opposition that was filed and the counter-statement that is filed the Registrar can request a hearing for the parties. The Registrar will then have the right to decide over the trademark registration application as well as the procedure for trademark opposition in India filed based on the evidence submitted.

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Conclusion

If the Registrar is able to decide to favor the trademark owner the trademark is registered and a trademark registered certificate will be issued. If the Registrar makes a decision against the opposition party, the trademark registration application will be deemed to have been rejected. 

The trademark applicant and the opposing parties have the right to be considered in the Intellectual Property Appellate Tribunal, in the event that it is required.

Consult Odint Consultancy if you have any queries related to the procedure for trademark opposition in India. We are here to help you in every way.

FAQ’s

A challenge to the application for trademark must be filed by submitting a written notice of opposition with the Registrar on the TM-O Form at the appropriate cost.

The opposing party can approach Trademark Agents at Companies for the issue of a Notification of Opposition.

Any person who wants to challenge the trademark registration could be able to challenge any trademark registration. A person or a business could be a candidate for opposition.

Opposition must be filed within four months from the date of the advertisement’s publication in the magazine.

The status of a trademark application can be examined on the Trademark Registry in which case it will be listed with the status “Opposed”. In the event of opposition, the Registrar of Trademark will forward an opposition notice to the person who submitted the application for action.

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