Trademark Opposition

During the trademark registration process, an opposition can be raised by an person for registration of the trademark.

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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 a trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

Important Aspects of Filing Trademark Opposition

Trademark Journal

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.

Timeline

Post filing of a trademark opposition, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark opposition requires various time-bound response or action from the applicant and opposing party. Hence, it’s important to continually check the status of the application and take required action until completion of the process.

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No Guarantee

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.

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Trademark Opposition

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 application is required to file send a counter statement of the Registrar within two months.

Respond Professionally

It’s important to discuss the reason for raising a trademark opposition with a Professional and deciding on a course of action. An experienced professional can significantly improve chances of successful protecting a registered trademark.

How we help with replying to trademark opposition

Consultation

The Rety Global Solutions Trademark Expert would determine the reason for opposition and determine a course of action for filing the trademark opposition notice.

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Preparing Opposition

Based on the discussion and course of action decided, a trademark opposition notice is prepared by the Retry Global Solutions Trademark Expert.

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Opposition Filing

opposition is filed with the Trademark Registry and the processing of the application is tracked.

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