Once the objection is raised by the trademarks registry, it is very important to file the reply to those objections as soon as possible since there is a limited time period is provided for reply filing i.e. only 30 days’ from the date of Examination Report. If you miss the deadline then your application for trademark registration will be treated as abandoned which lead to fresh filing of the application for registration and it costs too much.
The trade marks which are devoid of any distinctive character and not capable of distinguishing the goods or services of one person from those of another person and consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service and consist exclusively marks or indications which have become customary in the current language.
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.
What is the process for raising the Trademark Opposition ?
Step 1: Generate online enquiry on our website
Step 2: Our expert will provide you with the instructions as to how to proceed
Step 3: Fill up the checklist of documents and provide necessary documents to us
Step 4: We will start the preparing documents for raising an objection or opposition and provide you with the submission receipt.
What you will receive in Trademark Opposition package?
1. Expert consultancy
2. Complete end to end documentation
3. Professional drafting of objection reply against the opposition
4. Payment of Govt. fees
5. Certifying and submission of application
What are the grounds for raising the Trademark Opposition ?
A trademark opposition can be raised on various ground by any person. The following are main of the grounds upon which the an objections can be raised:
1. Relative grounds for refusal of registration (Section 11 of the Trade Marks Act, 1999):
If a trade mark is similar with an earlier trade mark and of goods or services covered by the other trade mark. Further, this similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark creates a confusion on the part of the public.
2. Absolute grounds for refusal of registration (Section 9 of the Trade Marks Act, 1999):
The trade marks which are devoid of any distinctive character and not capable of distinguishing the goods or services of one person from those of another person and consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service and consist exclusively marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, such trademarks are not allowed to be registered.
How we help with replying to trademark opposition?
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.
Passport photo of all parties.
PAN card of all parties.
Aadhar card of all parties.
Utility bill of Electricity or Telephone.
Valid Address Proof of all the parties.
Valid Driving Licence of all the parties.
Terms and Conditions
Terms and Conditions between the parties.
Other documents will be intimated through e-mail.
A trademark helps business to identify the products that the business makes from products made by another business. A trademark can be a name, symbol, logo,word, phrase, design, or picture.
After the examiner reviews your trademark your trademark is published in the Trademarks Journal. The reason behind publishing a Trademark in the Journal is to invite any third party to view the trademark and file a trademark opposition against it, this called trademark objection.
After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month).If a trademark opposition is successful, the registration of the trademark will be refused.
Any person who believes that he or she would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Board, and paying the required fee, within thirty days after the date of publication, or within an extension period granted by the Board.
Different Types of Trademarks
Merely Descriptive Trademarks;
The notice of opposition should be filed at the trademark registry where the application for the conflicting mark has been filed. For instance, if the application is filed at the Mumbai office of the Trade Mark Registry, then the opposition proceedings must initiate in Mumbai only.
Details of applicant
Power of attorney
Details about the opposed mark