Reply to your Trademark Oppostion in 48 hrs

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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How Does Trademark Opposition Reply process works?



(Step 1)
Consultation

We study and consult you why your Trademark received an Opposition.



(Step 2)
Research

We will research your opposition statement and find out the root cause.



(Step 3)
Preparation

Our team of highly qualified lawyers will prepare a draft to strengthen your case.



(Step 4)
Filing of Opposition Reply

We will finalize and file a thorough Opposition Reply in support of your Trademark Opposition.


What is a Trademark Opposition?

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)

What is a trademark opposition?

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.

Who can file a trademark opposition?

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.

When can a trademark opposition be filed?

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.

What are the grounds for filing a trademark opposition?

  • The trademark is identical or confusingly similar to an existing registered trademark.
  • The trademark is descriptive or lacks distinctiveness.
  • The trademark is likely to deceive or cause confusion.
  • The trademark is prohibited under law.
  • What is the procedure for filing a trademark opposition?

    1. Filing a Notice of Opposition: The opposing party files a notice of opposition within the prescribed period.
    2. Filing a Counter-Statement: The applicant (trademark owner) must file a counter-statement within a specified period after receiving the notice.
    3. Evidence Submission: Both parties submit evidence to support their claims.
    4. Hearing: A hearing may be scheduled where both parties can present their arguments.
    5. Decision: The trademark office or tribunal makes a decision based on the evidence and arguments presented.
    6. What happens if a trademark opposition is successful?

      If the opposition is successful, the trademark application may be refused, or the trademark may be partially or fully opposed, depending on the case.

      Can the decision of a trademark opposition be appealed?

      Yes, the decision can be appealed to higher authorities such as the Intellectual Property Appellate Board (IPAB) or the court, depending on the jurisdiction.

      How long does the trademark opposition process take?

      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.

      Is it necessary to hire a lawyer for trademark opposition?

      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.

      Can a trademark opposition be settled amicably?

      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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