Trademark Opposition Procedure

Following all the trademark opposition stages is important to file for the same. Alonika the most chosen Chartered Accountant firm has brought up to you all the necessary steps for you to get the most reliable services.  

Basics for filling Trademark Opposition in Jaipur

A trademark can be challenged after it has been published in the Trademarks Journal for at least four months from the day it was first advertised or re-advertised. Any person may oppose the registration of a mark published in the Journal by filing a notice of opposition with the Registry in a prescribed way and with the required fee, according to the Trade Marks Act of 1999. Any individual can file a notice of opposition against a trademark under the Act, and the Opponent does not need to have an application or registration in India to do so.

Grounds for Trademark Opposition

1. Absolute grounds of denial under Section 9 of the Act, such as the trademark not being unique or capable of distinguishing the Applicant's goods/services from those of others, or the trademark being generic, descriptive, or common to commerce.

 2. The trademark is phonetically, aesthetically, conceptually, confusingly, and deceptively similar or identical to the Opponent's trademark and/or in respect of similar goods/services, as provided under Section 11 of the Act.

3. Other relevant reasons, depending on the specifics of the case, such as the Opponent's well-known trademark, copyright in the artistic work, geographical indicator, and so on.

Trademark Opposition Process in Jaipur

There are many steps are taken into consideration for the Trademark Opposition in Jaipur and which all are stated below by the well-known CA professionals: 

• Once the trademark has been published in the Trademarks Journal for four months from the date it was advertised, it must be contested.
• The Registrar must normally serve a copy of the notice of opposition to the Applicant of the trademark within three months of receiving it.
• The Applicant must write a counter statement stating the facts and submissions in support of their application under objection within two months of receiving the notice of opposition.

 

• According to the Trade Mark Rules of 2017, there is an opportunity to expedite the procedure by providing a rebuttal statement in support of the application before the notice of opposition is served.

 

• The Applicant's trademark will be deemed abandoned for non-prosecution if the Applicant fails to file its counter statement within the time limit. The Trademark Opposition moves to the evidence stage if the Applicant files a rebuttal statement.

 

• The Opponent must file an affidavit by way of proof in support of the objection with the Trade Marks Registry and serve a copy on the Applicant within two months of receiving the counter statement.

 

• If the affidavit in support of the opposition/application is not filed, the opposition/application is considered abandoned for lack of prosecution.

 

• If the pleadings are complete, the case will be heard as soon as possible. The Registrar will decide whether the trademark should be accepted for registration after hearing both parties and examining the facts.

 

An aggrieved party can appeal the Registrar's judgment in the opposition processes by filing a review with the Registrar or an appeal with the Intellectual Property Appellate Board.