A trademark opposition is a legal objection to the right to register a particular trademark. A trademark
opposition is started by filing a notice of opposition. The trademark notice of opposition must be filed
within 3 months of the date that the trademark application is advertised for the opposition.
It is is required at a stage after the registrar approves the trademark application and publish it in the journal for 3rd party opposition. If the mark is opposed, an opposition proceeding are started. After which both parties are involved to come out with the decision that is agreeable and fair for both of them.
As per Section 21 of the Trademark Act 1999, “any person” can file a notice of opposition. The people who can file a trademark opposition can be :
The need for Trademark opposition is easy to understand that when the trademark application is approved by the registrar it’s published in the journal, so that the third party can oppose the application if they find the trademark to be similar to the existing marks. The Trademark opposition is also required to avoid the other conflicts which can be resolved easily and quickly.
The benefits of Trademark opposition are:
It’s necessary to discuss the reason for raising a trademark opposition with a Professional and deciding on a course of action. An expert professional can significantly grow the chances of successfully protecting a registered trademark.
Trade Mark Journal is an authentic gazette of the Trade Marks Registry. If a Trademark Examiner resolves that a trademark application can be granted registration, the application is published in the Trademark Journal. While the application is published, every person have an opportunity to oppose the registration of the mark.
Post filing of trademark opposition, it is necessary to regularly verify the status of the trademark application until its processing on the Government side. Trademark opposition needs various time-bound reply or action from the applicant and opposing the party. Hence, it’s necessary to constantly verify the status of the application and take the required action until completion of the process.
According to Trademark Act, any person can file a notice of opposition against a trademark application within 4 months from the date on which the mark is published or re-advertised in the Trademark Journal. After getting the notice of opposition, the application is required to send a file of counter-statement to the Registrar within 2 months.
On getting the approval of the client, the trademark opposition is filed with the Trademark Registry and the processing of the application is traced.
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