Trademark Opposition

Rs.2,990.00

Plus Government Fee on Actuals

Get a free consultation on filing a trademark opposition or responding to a trademark opposition by scheduling an appointment with a TaxFino Expert.

Trademark Opposition

Price: Rs.2,990.00

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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 a trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

TaxFino 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. TaxFino 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 a TaxFino Expert.

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Documents

Logo
Name & Contact Details of Applicant
Wordmark
Additional details to file Opposition
FAQ

Do you have Any Questions?

Trademark applications are distinctive to the goods or services it represents. Therefore, trademark applications are made under a “Class” of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or services it represents.

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

No, trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

Any person claiming to be the owner of the trademark used or proposed to be used can authorize the trademark filing. The person can be an individual, company, NGO, etc.

Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.

Filing a trademark rectification does not guarantee registration of the trademark. Trademark registration is a process and 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 for addressing the concerns of the Trademark Registrar based on experience and expertise.

Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.

If Trade Mark Registrar raises an objection for registration of a Trademark, the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any.

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 to the Registrar within two months.

Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.

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