What is trademark opposition in India?
When registering a trademark, one is legally asserting that one has exclusive rights to use the trademark item. In other words, one is only permitted to use the word, phrase, design or trademark the trademark.One can trademark anything that distinguishes the business from others, but it must be unique to the brand. Trademark applications may be rejected for a variety of reasons, including if the mark or phrase is the same as another company that has trademarked or is in the process of trading the same class of goods and services. Successful trademark registration applies only to the class that can identify on the application; With each additional class one chooses to register at an additional fee cost. This means that multiple individuals or corporations can place the same trademark on different classes of goods and services, so make sure one takes the time to think about and consult a professional as to which classes to include in the trademark registration application. Unlike patents, trademark registrations serve as a company brand identity and distinguish one from the market, unlike copyright to protect inventions and industrial and aesthetic designs and to cover art, music and literary works. Trademark opposition in India – Trademark Registration in Coimbatore is what we are going to be discussed here and mentioned documents.
Trademark registration in India is a lengthy process and this mark is first assessed by the trademark registrar and published in the trademark journal if there are no objections from the registrar. However, after this step, anyone from the general public can file a trademark objection to prevent the application from being approved.
Grounds for filing trademark opposition in India
The Trademark Act, 1999 has a number of reasons on which opposition can be raised. The reasons for filing a trademark opposition are:
The trademark is the same as the previous or existing registered trademark.
The trademark is without a distinctive character.
The trademark is detailed in nature.
The trademark registration application has made with no trust.
Trademark is a practice in the current language or in established practices of the business.
The trademark is likely to deceive or confuse people.
The trademark is against the law or is prohibited by law.
Prohibited under the Trademark Symbol and Names Act, 1950.
The trademark contains content that can hurt the religious feelings of any class or people.
Procedure for filing trademark opposition in India
The announcement in the Trademark Journal allows any person to oppose the trademark application within 4 months of its publication and to file an application to the trademark opposition if any of the above reasons apply.The trademark objection is filed in the prescribed manner and the applicable fee is paid along with the application. Opposition is also known as a trademark opposition notice and contains the following information:
An application filed against a trademark, including the trademark registration application number, the trademark registration application number, the service (s) or service (s) for which the trademark registration was applied for, and the name of the applicant for the trademark application.Trademark Opposition Party details including name and address.
Reasons for trademark opposition
After the Trademark Opposition Notice is filed with the Trademark Registrar, the Registrar will provide the Trademark applicant with a copy of the objection. Within two months of receipt of the trademark opposition notice, the applicant will file a counter statement. If the applicant files a counter statement, the evidence will be filed by the opposing affidavit within 2 months of receipt of the counter statement (one month may be extended).
There is also an option to write to the registrar stating that the opponent is unwilling to file evidence and instead wants to rely on the facts stated in the opposition notice. Upon receipt of the evidence, 2 months (can be extended to 1 month) to file evidence in support of the applicant.
Difference between objection and opposition
The trademark objection is a preliminary denial issued by the trademark examiner after scrutiny of the trademark application and is raised on the mark by the registry, which is fraudulently equivalent or lacks distinction with the mark already registered. These objections are very common, they are raised by the registry in almost every application but they are made clear by giving proper representation before the examiner.
For better guidance in clearing a trademark objection, it is a good idea to seek advice or hire a professional or trademark attorney to represent the case, if you do not know what one is doing. Rejection of the trademark is advised not to use the sample format available online, as it will not give a good impression in the mind of the SIT registrar. The trademark response is suggested to respond within 30 days.
Trademark opposition is a legal action established by third parties. It is like stealing or using someone’s exclusive right or idea. It should increase within three months of being published in a journal. Opposition is a third party action taken by a person who has a genuine interest in the trademark or who believes that the trademark registration of that trademark is a decorum, market or any influence on that trade.
Opposition is a growing and lighter action than ever before. If you apply for a trademark, even if the trademark examiner reviews and approves it. Trademark opposition is a serious matter to keep in mind when registering a trademark. Oppositions can sometimes lead to allegations and claims of infringement and monetary losses.
Merits of trademark registration
The owner of a registered trademark has the authority and exclusive rights over it. The person can use all the items that come under the trademark class as per his / her interests as mentioned in the application. The employer gets the power of prosecution where he feels he has suffered the same violation.
The trademark enhances the trust and reputation of the goods and services it represents. Consumers understand the importance of quality associated with a trademark. It makes them more loyal to the company. The trademark ensures the unique identity of the company in the sense that customers can trust the goods and services offered by the company.
The trademark provides a “brand name” for the product and services associated with it. It gives an identity to a company that is unique and not used by other companies. The logo also conveys the vision of the company and the quality of the products it supplies.