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Trademark Opposition

Price Table Economy Most Popular Recommended
Choose the plan which fits your requirement
Basic (₹12995)
Standard (₹17995)
Premium (₹29995)
  Filing of opposition (TM-O)
Filing of opposition (TM-O) ✔ ✔ ✔
  In one class only
In one class only ✔ ✔ ✔
  Govt fee Included
Govt fee Included ✔ ✔ ✔
  Notice of opposition to the parties
Notice of opposition to the parties X ✔ ✔
  Filing of evidence in support
Filing of evidence in support X ✔ ✔
  Call with Trademark Expert
Call with Trademark Expert X ✔ ✔
  Search and Advice from Experts
Search and Advice from Experts X X Unlimited
  Objection Reply
Objection Reply X X ✔
  Number of hearings
Number of hearings X X Unlimited
  Complete Proceedings (upto acceptance or refusal of Mark)
Complete Proceedings (upto acceptance or refusal of Mark) X X ✔
  Per hearing fee- Rs. 3500 /day
Per hearing fee- Rs. 3500 /day ✔ ✔ X
  Better chances of acceptance
Better chances of acceptance X ✔ ✔

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.

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)
  • Only applicable for TM applications filed by Businessmitra.
  • Inclusive of Government fee.
  • Filing and Drafting of Trademark Opposition.
  • Applicable for TM applications filed by Other Parties
  • Inclusive of Government fee.
  • Filing of fresh TM-48 (POA).
  • Filing and Drafting of Trademark Opposition.
  • Applicable for TM applications filed by Other Parties
  • Inclusive of Government fee.
  • Filing of fresh TM-48 (POA).
  • Filing and Drafting of Trademark Opposition.
  • 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.