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A trademark is generally a word, a design, a phrase, or a symbol or it can also be a combination of words, designs, phrases, or symbols, which exists to differentiate and identify the source of one party’s or company’s or firm’s goods from another.
A trademark is supposed to be unique and non-descriptive. It is attached to the product that is to be offered or sold, in terms of services. A trademark requires to be registered with the concerned authority for legal ownership and protection rights.
Before being registered, a trademark application passes through various stages. As an applicant, you will have to reply or take certain actions during some of the stages of trademark registration. One stage of trademark registration can be opposition. Before a trademark gets registered, the trademark registrar grants it to be advertised in the Trademark Journal. However, if anyone points out that the trademark is similar to any registered trademark or is non-distinctive then the trademark can be opposed. In such cases, the registrar of trademark modifies the status of the trademark to “Opposed” from “Advertised”. This calls for the trademark applicant to counter the opposition within two months of receipt of the notice of trademark opposition.
We at MyEfilings provide detailed consultation about the process of handling trademark opposition at a reasonable price.
Based on your requirements, you can choose any of our packages.
A detailed discussion will take place between you and MyEfilings’ business consultant to check the trademark opposition notice.
MyEfilings will plan a reply for the opposition and send it for you to review.
MyEfilings will file a written reply to the trademark registrar for the trademark opposition raised by the third party.
This is applicable to those who wish to file an opposition notice to other trademark applicants.
Within three months the notice of opposition can be filed, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition
Trademark opposition in India can be filed by anyone. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.
The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.