Trademark Opposition and Rectification Process in India

Trademark Opposition: It means when an objection is filed by third parties, against the registration of a trademark within 4 months of the advertisement. So any person, legal or natural, may file an opposition with the 'Registry'. This includes any individual person(s), companies, a partnership firm(s), and trust(s). Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry. And we at Alonika are well-known for services related to Trademark Opposition in Jaipur. So, no need to worry about anything as when the 'experienced' Chartered firm will be managing everything. 

 

Following are the grounds under which a Trademark Opposition may be filed:

 

• The mark is devoid of any distinguishing features or indications that may be used in commerce to denote quality, quantity, intended purpose, values, geographical origin, or production time.
• The mark hurts the religious sentiments of any class or section of people.
• Also, if the mark is likely to deceive the public or create any type of confusion. This includes any mark which can be identified with an already registered trademark or that has become customary in the practice of trade affairs. 
• Lastly, the mark is prohibited under the Emblem and Names Act, 1950. 

 

What are the detailed steps to file a Trademark Opposition Process in Jaipur, they are as follows: 

 

#FILLING THE NOTICE OF OPPOSITION:

 

• In this, any individual who wishes to file a notice is required to mention important and particular concerns. Like it will contain the details of the opposed application, details of the opposition party, and grounds for opposition. 

 

• And such notice must be filed within 4 months duration of the advertisement of the 'mark'. So, if the registry is satisfied with the notice given, it will then serve as a copy to the concerned applicant. In the Trademark Opposition Process, the applicant has 2 months from the date of the receipt of the notice to file a counterstatement. 

 

#FILLING OF EVIDENCE 

 

• Here, the opponent after getting a copy of the counterstatement is well-needed to file evidence in the form of an affidavit within 2 months from the date of the receipt. And if the opponent fails to do so, the opposition will be treated as abandoned and the application may be forwarded towards 'registration'. 

 

• In the same way, the applicant has two months to file identical evidence with the Registrar. On request, the Registrar may extend the filing period by one month. If the applicant does not desire to present any proof and instead relies on facts already disclosed in the counter-statement, the Registrar and the opponent should be notified in writing. Following that, if necessary, the parties may file additional evidence.

 

#HEARING OF BOTH THE PARTIES 

 

• After completion of the evidence, the authority generates a hearing notice specifying the date on which the parties will be heard of. The Registrar must send this notification at least one month before the first hearing date. Whoever plans to present must tell the Registrar within 14 days of receiving such notification by filing the appropriate form. 

 

• If a side fails to do so, it may be assumed that they do not want to be heard, and the case may proceed accordingly. After hearing both the opponent and the applicant, the Registrar must decide whether the trademark application in question should be denied or the opposition should be dismissed.

NOTE:

Trademark Opposition in Jaipur is a way too important step to 'go through' if filled by any party. Here, at Alonika we are the experts who can take care of the Trademark Opposition Process by following all the important parameters instructed by the Tribunal.