Trademark Opposition Reply, COUNTER STATEMENT - SECTION 21(2) OF TRADE MARKS ACT, 1999 and RULE 44(1) OF TRADE MARKS RULES, 2017
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We study and consult you why your Trademark received an Opposition.
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After the advertisement of trade mark in the Trade Marks Journal, any third party may file an opposition to the registration of the trade mark. A third party usually files an opposition when there is a similar trademark published in the Journal or if the trade mark is alleged to be non-distinctive. A counter statement is filed by the applicant within 2 months from the date of receipt of notice of opposition, failing which it will be considered that the applicant is not interested in contesting the opposition and the trademark application will be abandoned.
Frequently Asked Questions (FAQ)
A trademark opposition is a legal challenge filed by a third party against the registration of a trademark. It occurs during the trademark registration process, typically after the trademark is published in the trademark journal.
Any person, organization, or entity that believes they would be damaged by the registration of the trademark can file an opposition. This includes competitors, previous trademark holders, or anyone with a legitimate interest.
A trademark opposition can be filed within a specified period after the trademark is published in the trademark journal. In India, this period is four months from the date of publication.
If the opposition is successful, the trademark application may be refused, or the trademark may be partially or fully opposed, depending on the case.
Yes, the decision can be appealed to higher authorities such as the Intellectual Property Appellate Board (IPAB) or the court, depending on the jurisdiction.
The duration of the opposition process can vary widely depending on the complexity of the case, the workload of the trademark office, and other factors. It can take anywhere from several months to a few years.
While it is not mandatory to hire a lawyer, it is highly advisable to seek legal assistance to navigate the complexities of the opposition process effectively.
Yes, the parties involved in a trademark opposition can reach a settlement through negotiation or mediation at any stage of the opposition process. This can lead to a withdrawal of the opposition or a compromise.
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