TRADEMARK OPPOSITION

 

BASIC CONCEPT

 

As per the Trademark Act, 1999, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the Applicant is required to file Counter Statement to the Registrar within two months.

In cases wherein the Trademark Registrar approves Application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark - if a person or business entity feels that registration of the mark would not be fair, a trademark may be opposed. On filing Trademark Opposition, the Trademark Applicant is required to file a Counter Statement with the Trademark Registrar within 2 months.

LEGALRAJ can help you file a Trademark Opposition or respond to an opposition raised by a third party. The average time taken to file a trademark opposition notice is about 7-10 working days, subject to government processing time and client document submission.

 

HOW WE HELP WITH REPLYING TO TRADEMARK OPPOSITION?

 

1. Consultation: LEGALRAJ Trademark Expert would determine the reason for opposition and determine a course of action for filing the trademark opposition notice.

2. Preparation and filing of Opposition: Based on the discussion and course of action decided, a trademark opposition notice is prepared and filed with the Trademark Registry.