TRADEMARK OPPOSITION

TARDEMARK OPPOSITION

In the list of trademark, now this is the turn of trademark opposition. Today, we will discuss that when this situation occurs & what will be the procedure.

If we talk about the procedure of the trademark registration, then it starts when the applicant submits the trademark application along with the mandatory documents for acquiring exclusive rights over a given brand name. After this, the role of registrar starts from here in which registrar checkout the name. If it is chosen as per the accordance with the norms set by the Act & in the next step advertises the name in the trademark journal. After this, the registrar will grant the trademark registration, if there is no opposition raised by the third party for the respective name. On the other hand, if any opposition is raised, then applicant will be given an opportunity to be heard. After the respond of the applicant, registrar will decide that the trademark registration will be granted or not.

Initiation of Trademark Opposition Procedure.

• In case, the respective trademark lacks uniqueness & bears resemblance to an existing registered trademark.
• If the nature of the trademark is descriptive.
• Lack of distinctiveness in trademark.
• If the intention of making the trademark is ill or having bad faith.
• If the trademark is against the law.
• Trademark is made likely to confuse or for misleading the public.
• If the respective trademark is impermissible as per the Emblem & Names Act, 1950.

Procedure of pertaining to trademark opposition

• Notice to raise opposition for a trademark :-Raising opposition can be done by any person, which includes both individuals and companies. And this should take place within 4 months from the date of advertising the trademark in the trademark journal. Along with the stipulated fee, the opposition should be filed in the form TM-O.
• Filing of counterstatement :-After receiving the notice of opposition by the applicant, the next step is to file the counterstatement. Within 2 months of receiving such notice, the counterstatement should be filed using the form TM-O. The counterstatement includes all the facts & the answers for proving the respective trademark is valid against the opposition raised. In case the applicant fails to file the counterstatement on time, then the registrar will not proceed further with the registration of the respective trademark.
• Evidence involved in opposition and counterstatement :-Within the two months of receiving the applicant’s counter statement, the party which is raising the opposition shall submit the required evidence to the Registrar. The opposing party will also send the copies of the evidence to the applicant. After that, within 2 months the applicant is required to file adequate evidence for the trademark registration. The evidence must be sent both to the Registrar and the opposing party.
• Registrar’s decision with respect to the Trademark Opposition :-After a brief analysis of the notices and evidences by the parties, the registrar will call both the parties by sending them notices for hearing. If the opposing party fails to appear in first date of hearing then the registrar will dismiss the opposition & will proceed with the applicant. On the contrary, if the applicant fails in appearing on 1st date of hearing, then the registration of trademark will be dismissed.