Explore all the details you need about Trademark Opposition, tailored for your needs.
Trademark opposition allows the public to challenge trademark applications.
At SoloCorp, we guide you through the trademark opposition process, ensuring a smooth and efficient resolution of any objections.
Trademark opposition allows individuals to challenge trademarks after publication.
Any person, regardless of interest, can oppose a trademark application.
Opposition can be filed by a customer, competitor, or any person.
Opposition can only be filed by an existing trademark owner.
Opposition is filed with the Trademark Registry after publication.
Anyone who believes the mark can create confusion can file opposition.
The trademark is similar or identical to an earlier or existing registered trademark.
The trademark is devoid of distinctive character.
The trademark is descriptive in nature.
The trademark registration application is made with bad faith.
The trademark is customary in current language or business practices.
The trademark is likely to deceive the public or cause confusion.
The trademark is contrary to the law or prohibited by law.
The trademark is prohibited under the Emblem and Names Act, 1950.
The trademark contains matters that could hurt religious feelings.
The trademark opposition procedure outlines the steps an individual must follow to oppose a trademark registration.
To oppose a trademark, concerns should be submitted to the Registrar within four months from the publication of the trademark registration application in the journal. This is done using Form TM-O, along with the necessary fee.
Forms to be used: Form TM-O
The applicant has two months to respond to the opposition notice by submitting a counterstatement using Form TM-O. Failure to respond within the specified time results in the abandonment of the application.
Forms to be used: Form TM-O
The opposing party must submit evidence within two months after receiving the applicant's counterstatement. The applicant then has two months to submit supporting evidence.
The opposing party has an additional month to submit further evidence after receiving the applicant's evidence.
The Registrar schedules a hearing after the exchange of evidence. If the opposing party or applicant is absent, the opposition or application is dismissed accordingly.
The Registrar will decide whether to register or dismiss the trademark application after considering the written arguments from both parties.
If the Registrar rules in favor of the applicant, the trademark is registered. If the ruling favors the opposing party, the application is denied.
Both the applicant and the opposing party must adhere to filing requirements during the opposition of trademark process, as failure to do so can have serious consequences.
Failure to submit counter-reply or supporting documents on time may lead to the abandonment of the Opposition, allowing the trademark application to proceed.
If the applicant fails to respond or provide necessary Evidence, the trademark application may be removed, preventing registration.
The trademark opposition procedure in India ensures that only deserving trademarks are granted registration. It facilitates public participation and prevents conflicting trademarks from coexisting in the market.
Timely adherence to timelines and filing requirements is crucial for effective case presentation.
If you're facing trademark opposition or considering opposing a trademark, consult Solocorp for expert guidance and support throughout the process.
Solocorp offers comprehensive assistance in the trademark opposition process in India:
Expert Guidance: Our experienced professionals, well-versed in trademark laws, provide expert guidance and advice throughout the opposition process, ensuring a well-founded and effective opposition.
Thorough Trademark Search: Before initiating the Opposition, Solocorp conducts a meticulous trademark search to identify similar or conflicting trademarks. This step is critical for building a strong case and avoiding potential issues.
Document Preparation: Our experts assist in preparing all necessary documents required for filing the trademark opposition, ensuring accuracy and compliance with legal requirements.
Efficient Filing: Solocorp handles the entire filing process, submitting the Opposition to the Trademark Registry on your behalf and handling trademark opposition hearing. This streamlines the process and ensures timely submission.
Timely Updates: Throughout the process, we provide regular updates, keeping you informed about the progress of your trademark opposition.
By choosing Solocorp, individuals and businesses can navigate the opposition of trademark process efficiently, increasing the likelihood of successfully protecting their valuable trademark rights in India. Trust Solocorp to be your reliable and trusted partner for all trademark-related matters, including trademark search, trademark registration, trademark objections, trademark renewal, and more.
Our experienced professionals provide expert guidance and advice throughout the opposition process.
A meticulous trademark search is conducted to identify similar or conflicting trademarks before initiating the opposition.
We assist in preparing all necessary documents for filing the trademark opposition, ensuring accuracy and compliance.
We handle the entire filing process, ensuring timely submission of the opposition to the Trademark Registry.
Regular updates are provided to keep you informed about the progress of your trademark opposition.
People often get confused between trademark objection and trademark opposition. We have a table to explain the fundamental difference between the trademark objection and trademark opposition.
| Trademark Objection | Trademark Opposition |
|---|---|
| A Trademark Examiner issues trademark objection. | A trademark gets opposition from a third party. |
| One does not need to pay fees. | Fees are required to be submitted along with the reply to the opposition. |
| A reply should be submitted within one month. | A reply should be submitted within three months (which may exceed not more than one month). |
| Trademark objection is a part of the registration process. | A trademark opposition is a different process. |
| If there is no response from the applicant, it leads to the removal of the trademark. | Similar is the case with trademark opposition; no response will lead to the removal of the trademark. |
| An appeal can be made after the rejection. | An appeal can be made after the judgment is passed. |