TRADEMARK OPPOSITION FILING IN INDIA

When two businesses disaccord over an analogous mark, a trademark opposition becomes pivotal. Trademark opposition form allows any party to challenge the enrolment of a trademark before it’s officially granted. Understanding the opposition process and defending your Trademark registration effectively is essential to cover your brand identity.

WHAT IS TRADEMARK OPPOSITION?

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A trademark opposition is a legal proceeding that occurs after a trademark operation is published in the Trade Marks Journal but before it's registered. It allows third parties to object to the enrolment of a mark that they believe conflicts with their being rights.

In India, the opposition can be filed under Section 21 of the Trade Marks Act, 1999. The process ensures that marks that are deceptive, identical, or confusingly analogous to being trademarks are not approved for enrolment.

WHO CAN FILE A TRADEMARK OPPOSITION?

Any existent, company, or reality who believes that a published mark infringes upon their being rights can file a trademark opposition.

This includes:

The owner of an existing registered trademark.
A prior user who has been using the mark before the applicant.
Any interested party who might be damaged if the mark is registered.

Thus, you do not need to be a registered proprietor to file an opposition — any aggrieved person can initiate the process.

PROCEDURE FOR FILING AND DEFENDING A TRADEMARK OPPOSITION

The trademark opposition filing and defence process involves multiple stages before the Trademark Registry:

Notice of Opposition – The opponent files a notice within four months from the date the mark is advertised in the Trade Marks Journal.
Counter-Statement – The applicant (defendant) must file a counter-statement within two months. Failure to do so results in abandonment of the application.
Evidence in Support of Opposition – The opponent submits affidavits and documents to strengthen their case.
Evidence in Support of Application – The applicant then submits their evidence to defend the mark.
Hearing – Both parties present their arguments before the Trademark Registrar.
Decision – The Registrar decides whether the opposition is successful or the trademark proceeds to registration.

A strategic approach at each step ensures that trademark disputes are resolved efficiently.

LAWFINITY’S LEGAL TEAM SUPPORT

At Lawfinity, our platoon of expert trademark attorneys provides end- to- end backing in both form and defending trademark opposition cases.

Our support includes:

Conducting pre-filing trademark quests to minimize threat.
Drafting and filing notices of opposition and counter-statements.
Preparing substantiation and affidavits in support of guests.
Representing guests during sounds and accommodations.
furnishing strategic advice to resolve complex trademark controversies.

With times of experience before the Indian Trademark Registry, Lawfinity ensures your brand remains secure against violation and abuse.