A one-of-a-kind item or service is identified by a trade mark. For instance, it is unlikely that a single trader in that trade channel can be distinguished from another by using the term “BUDGET SUPERMARKET” for retail services related to food and household goods.
The following are the advantages of trademark registration:
- Exclusive license to promote the goods and/or services covered by the mark across all of India.
- Use of the ® symbol in conjunction with the trademark to prevent others from attempting to imitate your brand
- A good way to set your company apart from others.
- Value to your company that can grow over time as the mark becomes well-known in the market.
- The capacity to license the use of the trademark to other parties, sell it, assign it to another individual or company, or both.
What is trademark opposition?
Once the registrar accepts the proposed trademark for trademark registration in Erode, whether at the hearing or when the exam report is issued, it is an additional step in trademark registration when a third party objects to the applied mark.
The proposed mark for trademark registration in Erode will be published in the journal for a period of four months if approved by the registrar.
The intention behind publishing the mark which is to get trademark registration in Erode in the journal is to allow anyone who disagrees with the acceptance or has been suffered by the mark to object to trademark registration in Erode.
When a TM objection is made by the government or the registrar, it is called an objection; however, when an objection is made by a third party, it is called an opposition.
The aggrieved party will send the prescribed fees and a “FORM O” notice of opposition to the applicant and trademark registrar. The aggrieved party can be anyone, regardless of whether they have a trademark registered or not.
They can file an opposition even if they are an individual or a registered business with a well-known or popular brand name. The opposition notice will be made exclusively on that grounds which are notice in section 9 and 11 of the Brand name Act, 1999. The application must include:
- the names of the aggrieve parties;
- trademark application number against which opposition recorded;
- the reason given for opposition;
- Additional pertinent information and supporting documents.
The registrar will not reject the application for trademark registration in Erode directly after receiving opposition; He will give it the chance to defend itself.
Prior to showing up before an enlistment center in regards to the opposition matter, the candidate first necessities to record his reply to the opposition notice.
The opposition may be rejected by the registrar if he is satisfied with the applicant’s response who applied for trademark registration in Erode; otherwise, he may summon both parties to the hearing to investigate the issue.
At the hearing, the registrar may accept the proposed trademark if he is pleased with the applicant, or he may reject the intended mark for registration. The trademark will remain in effect for a period of ten years after it is registered, and no one will be able to object to it.
Because this step is conditional, the proposed mark may or may not be challenged. However, if there is any opposition to the mark, professional guidance is always preferable.
What is the process of trademark opposition reply?
Trademark status search
The trademark is not registered just because the registrar accepts it. In addition, it is essential to continuously monitor the mark’s status in relation to third-party objection.
We will utilize your brand name application number to screen your brand name’s ongoing status. We will send you a copy of the notice in the event that any third parties object.
Notice reply
After you give your approval as legal authority, we will begin your process, and the main thing is we will draft the counter-statement in against of such opposition and file the reply or counter statement in regards to such resistance notice to the registrar.
Government examination
Subsequent to getting the counter-statement in against of opposition notice, the registrar will analyze them both, the counter-statement as well as the notification.
The opposition notice will be dismissed if the examiner is satisfied with the counter-statement, and if he believes that the third party has a valid reason for opposing, he may call both parties to the hearing to resolve this opposition matter.
Hearing
The matter will be decided in front of the registrar if the registrar calls both parties to the trial or hearing. The attorney will represent the applicant at the hearing and present his views and documents.
Appeal
The registrar concludes whether the opposition was effective in light of a survey of the proof submitted and a knowing about the two players, and subsequently regardless of whether the trademark ought to be enlisted.
However, the Registrar’s decision can be appealed to the Intellectual Property Appellate Board by a party dissatisfied with it.
What is the time to reply to trademark opposition?
- When the notice is given by a third party, opposition refers to the question asked by the government.
- The registrar raises an objection at the initial level, which means that after the application has been submitted, the registrar can either accept the application or raise an objection to it. When the registrar accepts the application and publishes it in the journal, the third party has the right to oppose.
- If the registrar objects, the response must be filed within 30 days, and if the third party objects, it must be filed within 60 days.
Grounds for filing the trademark opposition
An opposition to the trademark that is published in the journal can be filed by anyone. However, the ground ought to be legitimate like:
- The mark used is prohibited or restricted under the Emblem and Name Act, 1950. The mark is contrary to any law.
- The mark creates confusion or deceives the public.
- The mark is descriptive in nature.
- The mark is similar to the existing or applied mark.
- The mark is used in bad faith.
- The mark hurts the religious feelings of any section of the public.
Conclusion
The trademark will be registered and the registration certificate issued once the Registrar makes a decision in the applicant’s favor. The trademark registration application will be rejected if the Registrar makes a decision in favor of the opposition.