Trademark Services

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Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition's trademark in the journal.

Eligibility

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest in the matter.

A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.

After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered

Anyone who believes that the published mark might create confusion among the public can file for the opposition while defending the trademark lies in the trademark registrant's hands.

Grounds For Trademark Opposition

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

• The trademark is similar or identical to an earlier or existing registered trademark.
• The trademark is devoid of distinctive character.
• The trademark is descriptive.
• The trademark registration application is made with bad faith.
• The trademark is customary in the current language and or in the established practices of a business.
• The trademark is likely to deceive the public or cause confusion.
• The trademark is contrary to the law or prevented by law.
• The trademark is prohibited under the Emblem and Names Act, 1950.
• The trademark contains matters that are likely to hurt any class or section of people's religious feelings.

Procedure for Trademark OppositionOpposition Notice

Within four months of the first date of appearance, any person may file a notice of opposition to a trademark that appears in the trademark journal.

It must be filed on Trademark Form 5 in the prescribed format and with the applicable fees.

Counter-Statement

The trademark registrar would serve a copy of the trademark opposition notice to the trademark applicant after the trademark opposition notice was filed with the registrar. The trademark applicant must file the counter statement within two months of receiving the opposition notices.

The trademark application will be "abandoned" if the trademark applicant fails to file the counter statement within the specified time frame. However, it is necessary to understand the status of trademark registration.

Hearing

After the evidence filing stage, the registrar shall send notices to both parties stating the date of hearing, which shall be at least one month after the date of the first notice. The hearing is based on the opposition notice, counter-statement filing, and evidence submitted. The registrar hears the case, and if any of the parties fails to appear for the hearing, the registrar will rule against them.

Appeals

The registrar decides whether the opposition was successful based on a review of the evidence submitted and a hearing of both parties, and thus whether the trademark should be registered or not. However, a party who is dissatisfied with the registrar's decision may appeal it to the Intellectual Property Appellate Board.

Additional Information:

• Item Code: 001
• Production Capacity: Customise
• Delivery Time: 7 Days
• Packaging Details: Customise

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Trademark - Counter Statement to the OppositionWhat is a Counter-Statement? A counter-statement is the reply to the notice of opposition, which must be filed by the applicant within two months of receipt of the notice of opposition by way of Form TM-O. The provision of filing an extension to file a counterstatement has been done away with. Accordingly, if the applicant fails to file its counter statement with two months of service of the opposition, its trademark is deemed to have been abandoned for non-prosecution. Alternatively, if the applicant files the counter-statement, the opposition will proceed to the evidence stage. After submission of the counter-statement, the registrar shall upon review and if all the formalities are met, serve a copy of the counter-statement on the opponent ordinarily within two months from the date of receipt of the same. Then, the opponent is required to file the evidence in support of his opposition and upon receipt of such evidence, the applicant will file evidence in support of the application and the matter will be referred for the hearing. If the opponent does not file any evidence, the opposition will be deemed to be abandoned. 

The counter-statement shall typically comprise the following:
1. Set out the facts, if any facts alleged in the notice of opposition are admitted by the applicant.
2. A paragraph-wise counter of each of the grounds made in the notice of opposition.

3. The counter-statement shall be verified at the foot by the opponent or by his duly authorized agent who shall specifically state, referring to the numbered paragraphs of the notice of the opposition, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
4. The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

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Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing and simplify the registration process.

The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Renewal of a TrademarkDuration to renew a Trademark

• The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
• The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
• The renewal can also be filed within six months after the date of expiry.

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

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• Delivery Time: 24 Hours