Trademark Opposition

AGRAWAL KANHERE ASSOCIATES

Trademark Opposition

All you need to know

When you wish to register a trademark, the whole trademark registration passes through several stages. Trademark opposition is one of them. Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition.

Trademark Opposition:

  • Any person wanting to oppose a trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of advertisement of the mark.
  • It is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the notice on the other party.

Counter Statement or Reply to Trademark Opposition:

  • A counter-statement or reply to the opposition must be filed within two months.
  • There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
  • The counter- statement is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent.

Who can Oppose the Trademark?

  • If you have received notice of an extension of time to oppose, you will be notified of the identity of the potential opposer.
  • This bit of information will allow you to search any registrations and pending applications filed by the potential opposer which might form their case for a likelihood of confusion claim.

Why caagrawalkanhere as your Service Provider for filing counter statement / reply for Trademark Opposition?

caagrawalkanhere.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad. caagrawalkanhere has very experienced and dedicated team of Trademark consultants and attorneys. Who are expert in all the services related to Trademarks including Trademark registration, Trademark rectification, Trademark Modification, Trademark cancellation, Trademark Opposition etc. To know more on Trademark services online you may get in touch with compliance manager at caagrawalkanhere on 0755 276 1432 or email info@caagrawalkanhere.com for free query.

Grounds for Trademark opposition

Points to make your decision easy

  • If the trademark is similar or identical to an earlier or existing registered trademark.
  • If the mark is devoid of any distinctive character or is descriptive.
  • The trademark is likely to deceive the public or cause confusion.
  • If the mark is customary in the current language, or it is in the established practices of business.
  • If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
  • The mark contains matters that are likely to hurt religious sentiments of any class or section of people.

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Process to file Counter statement / reply to Trademark Opposition in India

5 Easy Steps

1

Fill in the simple checklist

2

Preparing reply to Notice

3

Filing the Counter statement

4

Filing of Evidence

5

Appearing at the hearing

Fill Simple Checklist

Your documentation and a brief checklist will be requested from you by our compliance manager. You must complete the check list and submit it with your supporting paperwork in order for it to be processed. Documents will be checked by our knowledgeable team, and we'll then move on to file the counter statement of trademark opposition.

Name Approval

As soon as we obtain all the necessary paperwork, we will draught a counter statement in response to the TM opposition. We will file the Counter statement in Form TM O with the Trademark Registry after it has been prepared. If all the requirements are completed, the Registry will evaluate and serve the counter-statement to the Opponent.

Company Registration

We will submit any supporting documentation for our rebuttal statement once the counter notice has been filed, if applicable. The registry will call our attention to appear at the hearing when we have submitted the rebuttal statement and supporting documentation. The registrar will decide whether or not to accept the trademark following the hearing.

FAQs On Trademark Opposition

Get answers to all your queries

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.
The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of the publication of the trademark.
A counter-statement or reply to the opposition must be filed within two months. There is no extension to file a counter-statement.
Within two months of receiving evidence/intimation of waiver by the Opponent, the Applicant has to file evidence in support of his counter-statement /application. The Applicant also has an option to waive his right to submit any evidence.
CA Agrawal Kanhere.com provides its services all across India. You can make Trademark Withdrawal in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.
Our expert will help you in choosing the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@caagrawalkanhere.com or call us @+91 9827270164
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