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About Trademark Opposition

Trademark Opposition

  • Easily file Trademark Opposition if you have any objection to any applied Trademark.
  • Expert advice on technical grounds of opposition.
  • Please download and fill the Authorization document along with your signature and Whatsapp on 8802516000.(Word Document for Download purpose)

Trademark Opposition is required to be filed if you have any objection to any applied trademark. The Opposition might be on Similarity issues viz. visual similarity, phonetic similarity or audio-visual similarity with the applied Trademark. Deceptive similarity is also a ground of Opposition. Difference in spelling of any kind of differences which are capable of relating the applied trademark with your trademark comes under the ambit of deceptive similarity.

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Important facts of Trademark Objection Reply

Expertise Required:- Trademark Opposition is required to be filed if you have any objection to any applied trademark and therefore expertise is required to file trademark opposition and stop others to get their trademark registered similar to your Trademark and earn the profits of your goodwill.

Uncertainty:- It is not sure that after filing the trademark Opposition the applied trademark application shall be rejected as a solid ground of opposition is required and the applied trademark application is rejected only upon merits. After filing of Trademark Opposition the Trademark Examiner requires a counter statement to be filed by the applicant of the trademark application and decides on merits of the application and opposition.

Periodic Status / Application check

Registered trademark owners are required to regularly check applications advertised in Trademark Journal for the similarity with their owned trademarks in lack of which others may take benefit of registration of a similar trademark and earn the profits of your goodwill.

At Businessmitra we keep regular status check of advertisements in the Trademark journals of the filed applications and take actions accordingly on right time which saves your Trademark and Goodwill to be used by others.

Pricing

Silver (Rs.8511) Gold (Rs.10511) Diamond (Rs.15511)
  1. Only applicable for TM applications filed by Businessmitra.
  2. Inclusive of Government fee.
  3. Filing and Drafting of Trademark Opposition.
  1. Applicable for TM applications filed by Other Parties
  2. Inclusive of Government fee.
  3. Filing of fresh TM-48 (POA).
  4. Filing and Drafting of Trademark Opposition.
  1. Applicable for TM applications filed by Other Parties
  2. Inclusive of Government fee.
  3. Filing of fresh TM-48 (POA).
  4. Filing and Drafting of Trademark Opposition.
  5. One hearing before the Trademark Examiner.

FAQs for Trademark Opposition

What is Trademark Opposition?
When the application of Registration of Trademark is filed by a party of advertised by the examiner in the trademark journal which is similar or deceptively similar to the other party which is the earlier user of the Trademark and any other third party who think that the applied Mark is similar or deceptively similar to an earlier Trademark, the other party or the third party may file an objection on the registration of the Trademark which is called Trademark Opposition. A Trademark opposition may be filed any time after the application of the Registration of the Trademark and can be filed within 90 days of the advertisement of the applied Trademark in Trademark journal.
What happens when Trademark Opposition is not filed within stipulated time?
If Trademark Opposition is not filed within stipulated time of 90 days with valid and proper grounds of opposition the applied Trademark by other party gets registered and there may be loss of goodwill of the existing and earlier user of the similar Trademark.
Why Trademark Opposition is required?
Trademark Opposition is required to stop the registration proceedings of an applied Trademark by the other Party.
Who can file a Trademark Opposition?

An earlier user of the Trademark similar to the applied Trademark or any third party can file Trademark Opposition.

Is there any surety of stopping Trademark Registration after filing Trademark Opposition?

No, it is not sure that after filing Trademark opposition the Registration of a Trademark shall stop as the Trademark examiner requires a counter statement from the applicant of the Trademark stating the grounds of registration and after hearing both the parties the Trademark examiner decides the case on merit.

What should I do to avoid Trademark Rectification or Trademark Objection while filing Trademark Application?
To avoid Trademark Objection you should select unique name which is not similar or deceptively similar to any existing mark and should be distinctive in character. To avoid Trademark Rectification you should select correct class and correct goods and services belonging to correct class. A better way to file a trademark is in consultation with a Trademark Expertise like Businessmitra which will surely lead to the way of Trademark Registration Easily.

Why Businessmitra?

Team of professional Experts with ethics.

Businessmitra is honored by the team of experienced CAs, Advocates, CS and other financial and legal professionals each one spirited with client service and professional ethics with decades of practice and reputation.

Customer First Policy.

Our existence depends on our client’s existence and thus taking the view of the same we serve our clients very honestly and efficiently in all respects and drive our clients in a way of permanent growth. After discussion with our clients we analyze and understand our client’s business through their angle and suggest them about the best mode and most economic scheme of the business.

Policy of Basic Necessity.

We follow the principle of Basic Necessity and suggest our clients only those compliances which are utmost required and mandated by law leading to minimum compliances and minimum cost.

Client Education.

We educate our clients about the legal obligations of the business and compliances required to run a particular business in full extent. We help our clients to develop their knowledge about different business modules and related compliances and motivate our clients for timely adherence on the mandatory compliances.

Ease of business.

Our clients are our strength and thus we provide an environment for easy documentation and compliances avoiding complexities of business. Repeated Reminder system (RRS). We feel our client’s responsibility as our responsibility and thus we have put reminder system in place which is delivered by electronic as well as manual sources. And thus we keep our clients updated about the knowledge, information, timeline and limitation of compliances which helps you to avoid un-necessary burdens like fine, penalty etc. If you feel that you are very much engaged in your business and often forget to comply with the timelines, Businessmitra is the best place where you may substantially depend upon for all of your compliances.

Best Registration Consultant in Delhi.

Best Registration Consultant in India.