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Trademark Oppositions

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Trademark Opposition

After the examiner reviews your trademark and finds that it qualifies for registration, your trademark will be published in the Trademarks Journal. The purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your Trademark.

What is the time limit for filing an Opposition?

The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark.

Who can file a Trademark Opposition?

Statutorily, Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.

Ordinarily, the following persons file a trademark opposition:

  • The owner of an earlier trademark application or registration covering a similar Trademark for similar goods.
  • A person who has used the same or a similar trademark prior to the client, but who has not sought registration of the trademark. (Prior User)

FAQ's

1.Who can apply for trademark ?

An individual , partnership/pvt. ltd. Association of person society, trust limited Co and NGO.

2.What are documents required for applying trademark?

In case of individual/proprietor

  • Adhar card
  • Pan card

For partnership/LLP/Pvt

  1. If turnover less than 5 cr.
  • PAN card
  • MSME/SSI certificate
  • Authorised/partner/director/trustie adhaar card
  • Cancelled cheque of company current account

2.If turnover more than 5 cr.

  • PAN card
  • Authorised person adhaar card

3.What is TM and when to use TM?

TM stands for trademark. The use of TM symbol is a in front to the public that the company/person is claiming exclusive ownership of the trademark and can be mentioned after receiving the TM No. assigned by the trademark department.

4.What is ® and when to use?

The ® symbol is for registered trademark ,can be used only once the trademark is registered and the registration certificate is issued.

5.What is validity of trademark?

Trademark is not valid for lifetime. It is valid for a period of 10 years from the date of application .

6.If any Co. name is already registered under the company Act,do I also need trademark registration for my company name?

A company name under the Co. act does not in itself give protection against the name to registration other to the same or similar name trademark registration is necessary. Trademark registration provides legal ownership on the marks applied.

7.Will the trademark valid outside India?

No, Trademark registration offers territorial protection only. Which if registration applied and registered in India and USA applied for the same name, the Indian won’t be able to stop the USA person to use the name

 

For Trademark Opposition

Basic
4999
  • Drafting and filing of Trademark opposition, in case application is being filed by Trademark Karo
*rates are subject to change
Standard
6999
  • Drafting and filing of Trademark opposition, in case application is not filed by Trademark Karo
*rates are subject to change
Premium
9999
  • Drafting and filing of Trademark opposition, along with written notice.
*rates are subject to change