Trademark Opposition
ARE YOU UPSET THAT SOMEONE OPPOSED YOUR APPLICATION FOR TRADEMARK REGISTRATION? OR REALLY WANT TO OPPOSE SOMEONE’S APPLICATION
Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. Once an application is filed before the registrar, it will be kept for examination and the successful approval will lead to advertising the application in the Trademark Journal before it is registered. This advertisement is made to invite any opposition that a person raise against an application. The opposition can be raised on various grounds against the mark for being deceptive, cause confusion, scandalous, a threat to national security or similar with an existing mark or to.
eStartIndia comprises of best professionals who would help you in filing an effective and well drafted Trademark Opposition or response to the opposition before the Registrar. We offer assistance to various services like trademark registration, trademark objection, trademark assignment,trademark renewal, trademark opposition, and trademark rectification.
eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual.
Get a free Consultation for Trademark opposition with Our Top Rated Experts with a simple registration.
WHO CAN FILE AN OPPOSITION?
Any person, irrespective of their interest in the case can file an opposition before the registrar. Section 21 of the Trademark Act gives the right to any person to oppose the registration of a trademark. The opponent’s registration status in the trademark registry is immaterial.
WHAT MUST BE INCLUDED IN YOUR REPLY/OPPOSITION?
- A brief and specific reasons to raise opposition or answers to opposition.
- Relevant case laws to support your opposition/reply.
- To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT.
- Other evidence supporting the inherent usage of the mark and establish distinctiveness.
- Evidence to prove that the applied trademark is a well-known trademark used by one other competitor.
Registration Process
PROCESS TO FOLLOW
eStartIndia comprises of best professionals who would help you in filing an effective and well-drafted Trademark Opposition or response to the opposition before the Registrar.
After an advertisement is made the opponent or the applicant who wants to file a response to the opposition can consult with the professionals of our team through online and provide information.
Our professionals who are experts in identifying the best means for framing an opposition/ response will prepare a specific, effective and quality draft with the consent of the client.
The standard time prescribed for filing an opposition is 4 months from the date of advertisement and a response to an opposition shall be made within 2 months from the date of receipt of notice against the opposition. The experts of eStartIndia will file opposition/response before the registrar within the said period subject to the time taken by the clients in producing evidence.
Every development in the procedure of Trademark opposition filed by the client will be tracked and intimated from time to time.
FAQ
Trademark Opposition is a legal proceeding in which one party seeks to prevent the registration of a trademark by another party. The opponent argues that the mark in question should not be registered because it may cause confusion, is deceptive, or violates other legal principles.
Any person or entity, regardless of their interest in the case, can file a Trademark Opposition. The status of the opponent in the trademark registry is not considered relevant under Section 21 of the Trademark Act.
The grounds for Trademark Opposition can include: deceptiveness, potential to cause confusion, being scandalous, threat to national security, or similarity to an existing trademark.
The time limit for filing a Trademark Opposition is four months from the date of advertisement of the trademark application. A response to an opposition must be filed within two months from the date of receipt of notice against the opposition.
The process of filing a Trademark Opposition includes consulting with professionals, drafting the opposition notice or response, filing the opposition or response before the registrar, and tracking the development of the case.
