File Reply To
Trademark Opposition in India
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What is Trademark Opposition and reply to TM Opposition?
All you need to know
When you wish to register a trademark, the whole trademark registration passes through several stages. Trademark opposition is one of them. Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition.
Trademark Opposition:
- Any person wanting to oppose a trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of advertisement of the mark.
- It is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the notice on the other party.
Counter Statement or Reply to Trademark Opposition:
- A counter-statement or reply to the opposition must be filed within two months.
- There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
- The counter- statement is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent.
Who can Oppose the Trademark?
- If you have received notice of an extension of time to oppose, you will be notified of the identity of the potential opposer.
- This bit of information will allow you to search any registrations and pending applications filed by the potential opposer which might form their case for a likelihood of confusion claim.
Why ThinkBiz Filings as your Service Provider for filing counter statement / reply for Trademark Opposition?
ThinkBiz Filings is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad. ThinkBiz Filings has very experienced and dedicated team of Trademark consultants and attorneys. Who are expert in all the services related to Trademarks including Trademark Registration, and Trademark Renewal services in India ThinkBiz Filings also helps you with Trademark Objection filing, Trademark Assignment, Trademark withdrawal, Trademark opposition and Trademark rectification services. rademark Modification, Trademark cancellation, Trademark Opposition etc. To know more on Trademark services online you may get in touch with compliance manager on 09704561215 or email info@Thinkbizfilings.com for for free consultation.
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- Trademark Opposition is a legal challenge raised by a third party against a trademark application that has been published in the Trademark Journal but has not yet been registered.
- Any individual, business entity, or legal representative who believes that the applied trademark is similar or identical to their existing mark or harms their brand can file an opposition.
- A trademark can be opposed within 4 months from the date it is published in the Trademark Journal.
- The opposition must be filed before the Trademark Registry where the application was originally submitted.
- A trademark can be opposed if: ✅ It is identical or deceptively similar to an existing mark ✅ It is generic, descriptive, or lacks distinctiveness ✅ It is filed in bad faith or to mislead consumers ✅ It is contrary to public policy or morality ✅ It contains prohibited or misleading words
- Yes, if the international trademark is filed under the Madrid Protocol and extends to India, it can be opposed.
- The process includes: ✅ Filing a Notice of Opposition (Form TM-O) within 4 months of journal publication ✅ Replying with a Counter-Statement (Form TM-O) within 2 months by the applicant ✅ Filing evidence by both parties ✅ Attending hearings at the Trademark Registry ✅ Decision by the Registrar
- Don’t worry!! Our expert will help you to choose the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@thinkbizfiling.com or call us @+91 970 456 1215
