Trademark Opposition
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Trademark Opposition
Obtain Trademark Opposition with our legal services creative work!
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What is a Trademark Opposition?
Once the trademark is approved by the registry, it is published in the public domain. Anyone can oppose a published trademark within a period of 3 months (can be extended by one month) after it is published. There are no restrictions to file an opposition to the published trademark. If anyone feels that the published trademark can create confusion among public can file an opposition within the prescribed time period.
Once the trademark is opposed, an opposition proceeding is carries out post which both the parties have to come to a conclusion and take a decision on the fate of the published trademark. The onus of the fate of opposed published trademark lies in the hand of the registrar.
Benefits of Trademark Opposition:
Various grounds on which a person may proceed with trademark opposition proceedings:
- The trademark is similar or identical to an earlier or existing registered trademark.
- The mark is descriptive in nature.
- The mark is customary in the current language or in the established practices of business.
- The mark is contrary to the law or is prevented by law.
- Application for the trademark is made with bad faith.
- The mark is devoid of distinctive character.
- The trademark is likely to deceive the public or cause confusion.
- The trademark is prohibited under the Emblem and Names Act, 1950
- The mark contains matters that are likely to hurt religious feelings of any class or section of people.
Documents Required to file Trademark Opposition:
Trademark Opposition Process:
Frequently Asked Questions
All you need to know before applying for Trademark Opposition:
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