File Trademark Opposition.
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 an trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.
FinPark 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. FinPark 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 an FinPark Advisor.
Important Aspects of Filing Trademark Opposition
Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on 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 based on expertise.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, 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.
Post filing of a trademark application, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
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 applicant is required to file a counter statement within two months.
An FinPark Trademark Expert would determine the reason for objection and determine a course of action to address the concerns of the Trademark Examiner - cited in the Trademark Examination report.
Based on the discussion and course of action decided, a trademark opposition notice is prepared by the FinPark Trademark Expert.
On obtaining the consent of the client, the trademark opposition is filed with the Trademark Registry and the processing of the application is tracked.