Trademark Registration in India | Comprehensive Guide 2024 Introduction- Trademark Registrat..
Trademark Opposition 2024
- Today's offer-
13500
13500 10,800 Incl. Govt fee
- Specialists of TM Opposition
- Strong Opposition Drafting
- Strong Arguments and Case Preparation
- Genuine Advice to Opposition Filing or Not
- Honest and Selfless Services
- 3 days Service
- Apply now and Save 2700
2700Basic 20% Off
- Filing of opposition (TM-O)
- In one class only
- Govt fee Included
- Completion date: 17-09-2024
Standard 10% Off
- Filing of opposition (TM-O)
- In one class only
- Govt fee Included
- Notice of opposition to the parties
- Filing of evidence in support
- Call with Trademark Expert
- Search and Advice from Experts
- Completion date: 17-09-2024
Trademark Opposition 2024 through the best Trademark opposition Advocate
Our trademark opposition and litigation team is made up of qualified, experienced, and ethical lawyers and trademark attorneys that assist our clients in evaluating and determining the appropriate opposition processes and avoiding un-necessary opposition costs
complete procedure of Trademark opposition proceedings with filing of evidence and hearing with fine drafting and arguments on technical grounds
The process of trademark opposition necessitates the opponent's valid and reasonable interests in an accepted and marketed trademark. The objection to a trademark based on hypothetical or fictitious grounds invariably fails, resulting in unnecessary expenditures by the opponents. Before determining and deciding to initiate opposition proceedings, a fair and reasonable counsel and consultation is essential
We offer specialized and personalized trademark opposition services, as well as expertise in proving case merits and producing strong legal documents in our clients' favor. We also provide professional legal services to Advocates, Chartered Accountants, and Company Secretaries in a variety of legal and trademark matters
easily file Trademark Opposition on an Accepted and Advertised Trademark of another person within 120 days of advertisement
We monitor and search the Trademark Journals on a regular basis for any matching advertising trademarks of our clients, and we only recommend the correct opposition procedures that are lawful and sustainable
Because we are the best advocates for trademark opposition
What is Trademark Opposition?
Trademark opposition is a kind of objection raised by any party on an accepted and advertised Trademark application. The interested party who files the opposition proceedings is also called the opponent. In Trademark opposition the opponent is required to explain the legal grounds of his opposition and describe the interest in the accepted and advertised Trademark application along with loss and damages to him caused by the existence of the accepted and advertised Trademark application
Who can file Trademark Opposition?
Any interested party or any third-party having interest in the accepted and advertised Trademark application may file Trademark opposition proceedings. 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
How to stop the registration of accepted and advertised Trademark application ?
The registration of an accepted and advertised Trademark application may be stopped by filing of Trademark opposition proceedings.
What is Trademark Opposition?
Trademark opposition is a kind of objection raised by any party on an accepted and advertised Trademark application. The interested party who files the opposition proceedings is also called the opponent. In Trademark opposition the opponent is required to explain the legal grounds of his opposition and describe the interest in the accepted and advertised Trademark application along with loss and damages to him caused by the existence of the accepted and advertised Trademark application
Who can file Trademark Opposition?
Any interested party or any third-party having interest in the accepted and advertised Trademark application may file Trademark opposition proceedings. 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
How to stop the registration of accepted and advertised Trademark application ?
The registration of an accepted and advertised Trademark application may be stopped by filing of Trademark opposition proceedings.
How to file Trademark Opposition
For better chances of success of Trademark opposition proceedings, you must hire an expert generally a Trademark Lawyer who is skilled and has experience in Trademark opposition proceedings. You need to authorize the Trademark Lawyer / Trademark attorney to file Trademark opposition proceeding on your behalf.
Important facts of Trademark Opposition
Expertise Required in TM Opposition:-
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 in TM Opposition:-
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
Introduction
Trademark opposition is a crucial aspect of intellectual property law that allows parties to contest the registration of a trademark they believe will harm their brand or business interests. This process is essential for maintaining the integrity and exclusivity of trademarks. Whether you're a lawyer, a business owner, or someone interested in intellectual property law, understanding trademark opposition is vital.
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What is Trademark Opposition?
Trademark opposition is a legal procedure where a third party challenges the registration of a trademark application. This challenge is typically based on the grounds that the trademark, if registered, would infringe on their existing rights or cause confusion with their own established trademark.
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Process and Procedures
1. Understanding the Basis for Opposition
Likelihood of Confusion:
The proposed trademark is similar to an existing one, potentially causing confusion among consumers.
Descriptiveness:
The trademark merely describes the product or service it represents.Genericness:
The term has become generic and no longer functions as a trademark.Dilution:
The trademark could dilute the distinctiveness of a famous trademark.False Suggestion of a Connection:
The mark suggests a false association with a well-known entity.2. Filing a Notice of Opposition
Timing:
The opposition must be filed within a specific period after the publication of the trademark application (usually 120 days).Preparation:
Gather evidence and prepare a legal argument outlining why the trademark should not be registered.Submission:
File the Notice of Opposition with the relevant trademark office (e.g., Trademark Office, Delhi, Mumbai Etc).3. Answering the Opposition
Respondent’s Role:
The applicant will need to respond to the Notice of Opposition by filing an Answer.Counterclaims:
The applicant might also include counterclaims or defenses against the opposition.4. Evidence Phase
Evidence Gathering:
Both parties can request documents, take depositions, and gather evidence to support their claims.Disclosure:
Parties must disclose all evidence they plan to use in the proceedings.5. Trial Phase
Written Submissions:
Parties submit briefs and evidence to the adjudicating body.Oral Hearings:
A hearing may be held where both parties present their arguments.Decision:
The adjudicating body will issue a decision on whether the trademark can proceed to registration.6. Appeal Process
Appealing:
If dissatisfied with the decision, either party can appeal the ruling to a higher authority or court.________________________________________
Proceedings: Key Considerations
Legal Representation:
Due to the complexity of trademark opposition, having legal representation is highly recommended.Evidence Quality:
Strong evidence and a well-prepared legal argument are crucial for a successful opposition.Costs:
Consider the financial implications, as opposition proceedings can be costly.
Basic
₹10800
20% Off
- Filing of opposition (TM-O)
- In one class only
- Govt fee Included
- Notice of opposition to the parties
- Filing of evidence in support
- Call with Trademark Expert
- Search and Advice from Experts
- Unlimited Hearing
- Complete Proceedings (upto acceptance or refusal of Mark)
- Per hearing fee- Rs. 3500 /day
- Better chances of acceptance
- Completion date: 17-09-2024
Standard
₹16195
10% Off
- Filing of opposition (TM-O)
- In one class only
- Govt fee Included
- Notice of opposition to the parties
- Filing of evidence in support
- Call with Trademark Expert
- Search and Advice from Experts
- Unlimited Hearing
- Complete Proceedings (upto acceptance or refusal of Mark)
- Per hearing fee- Rs. 3500 /day
- Better chances of acceptance
- Completion date: 17-09-2024
