After the examiner reviews your TM and finds that it qualifies for registration, your TM will be published in the TM Journal.
The purpose behind publishing a TM in the Journal is to enable any third party to view the TM and file a TM Opposition against it. Simply put a TM Opposition is filed by a third-party against the registration of your Trademark.
MyCompanyWala offers an easy Process for filing to TM Opposition from INR 2999/-
'Trademark opposition' means an opponent of the approval of a trade mark within 4 months after the publicity of the trade mark being objected, submitted by third parties. Application An opposition can be filed by any citizen, either natural or legal, with the Registry. This covers all individuals, businesses, alliance companies and trust companies (s). Notably, no business interest or previous registered trademark in the Registry is required for the individual filing the opposition.
The measures to file an opposition are as follows:
Filling of a declaration to refuse a notification : any person planning to file a notice shall contain pertinent data to be given, the particulars of the competent request in question, the information of the opposing party and the grounds of appeal. The notification shall be filed within 4 months of the mark's ads. The copy is only submitted to the claimant concerned if the Registry is happy with the notice. The claimant shall be entitled to file a counter-statement 2 months from the date of receipt of the notice, or the registry may deem the application as discontinued.
Proof filling: the adversary is obliged to apply evidence by affidavit within 2 months after receipt of the counter argument by copy (which is extendable by 1 month). If the competitor loses, the opposition may be viewed as abandoned and the appeal will be reported. Similarly, two months for the submission of similar proof with the registrar are given for the appellant. On request, the Registrar can prolong the filing period by 1 month. If the claimant wants to provide no evidence, instead of depending on the facts specified in the counter declaration, the Registrar and the opposing party should be told in writing. Where applicable, the parties may subsequently request additional facts.
Hearing of the parties: The Tribunal shall give a hearing notice stating the date on which the parties shall be heard upon conclusion of the process of evidence. The Registrar can forward such a notice at least 1 month before the first hearing date. Whoever wishes to appear can contact the registrateur by sending the appropriate form within 14 days after receipt of such a note. No party doing that can be seen as unable to be heard and should execute their duty accordingly by either entity. The registrar can consider, after hearing the opponent and the application, whether the application of the trademark in question has been denied or whether the opposition has been revoked.
Only Scanned Copies are needed, Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/ Driving
Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/ Driving License
Latest Bank statement/ Utility bill in the name of director which should not be older than two months
Duly signed by the applicant to authorise us to file an application on their behalf
Application number of Trademark registered
A TM registration acknowledgement slip with payment details
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.
The owner of an earlier tm 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)
The various grounds on the basis of which a person may initiate Opposition Proceedings are:
. The tm is similar or identical to an earlier or existing registered tm.
. The mark is devoid of distinctive character.
. The mark is descriptive in nature.
. Application for the tm is made with bad faith.
. The mark is customary in the current language or in the established practices of business.
. The tm is likely to deceive the public or cause confusion.
. The mark is contrary to the law or is prevented by law.
. The tm is prohibited under the Emblem and Names Act, 1950
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