Intellectual Property

Trademark Opposition

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected.

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Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected.

To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or raise an objection for registration.

In cases wherein the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark – if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing an trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

Filing Duniya is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. Filing Duniya can help you file a trademark opposition or respond to an opposition raised by a third party.. The average time taken to file a trademark opposition notice is about 5 – 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark opposition or responding to a trademark opposition by scheduling an appointment with an Filing Duniya Advisor.

Process of Trademark Opposition

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Timeline

Post filing of a trademark opposition, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark opposition requires various time-bound response or action from the applicant and opposing party. Hence, it’s important to continually check the status of the application and take required action until completion of the process.

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Trademark Opposition

As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement ot the Registrar within two months.

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No Guarantee

Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts based on expertise.

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Process

01

Trademark Search

We conduct a thorough search of the TM directory

01

Trademark Search

We conduct a thorough search of the TM directory

01

Trademark Search

We conduct a thorough search of the TM directory

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Trademark Opposition

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Trademark Opposition

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Complete Solution for Trademark Opposition

On receipt of the documents we at Filing Duniya can get the trademark registration process commence in less than a day’s time. As our availability has never been an issue you can feel free to contact us over text messages, emails or call in case of any queries.

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