How can you oppose a trademark application infringing your trademark?

If you find any of the advertised trademarks to be violating any previously registered trademark on any of the relative or absolute medium you can raise opposition about the trademark application in front of the registrar first and you can not directly approach court or INTELLECTUAL PROPERTY APPELLATE BOARD.

WHAT IS THE FUNCTION OF A TRADEMARK?

Undercutting edge business condition an exchange stamp performs four capacities:

  • It recognizes the merchandise/or administrations and its source.
  • It ensures its unaltered quality
  • It publicizes the merchandise/administrations.
  • It makes a picture for the merchandise/administrations.

Step by step instructions to SELECT A TRADEMARK:

On the off chance that it is a word it ought to be anything but difficult to talk, spell and recollect.

The best exchange imprints are designed words or instituted words.

It would be ideal if you stay away from a determination of a land name. Nobody can have restraining infrastructure appropriate on it.

Abstain from receiving commendatory word or words that portray the nature of merchandise, (for example, best, impeccable, super and so on)

It is prudent to lead a market overview and a pursuit at Trademark office to find out if the same/comparable stamp is utilized as a part of a market.

WHAT IS THE DURATION OF A TRADEMARK IN INDIA?

The term of enrollment of a trademark is ten years, which might be restored for a further time of ten years on an installment of recommended recharging expenses.

Non-client of an enrolled trademark for a persistent time of five years is a ground for the cancellation of enlistment of such trademark at the command of any wronged party.

Following is the Procedure in case You Oppose a Trademark:

  • For filing opposition against other’s trademark, the TM-5 form is required to be filled with the prescribed fees of Rs-2500/-
  • An Oppose (plaintiff) can raise either absolute ground like misrepresentation, fraud, mislead, bad faith, functionality, etc. or on relative grounds namely likelihood of dilemma, confusion, etc. in an opposition proceeding.
  • If the opposition succeeds, the trademark registration will be declined. If it fails, it will be registered.
  • During the opposition proceedings, more preference is given to the public opinion than the point of view of the parties

Procedure if You’re Trademark File has been opposed:

  • If anyone files trademark objection, then a duplicate of the Notice of Opposition is shipped to the mortal among three months, drawing the eye of the mortal to the point in time demand as prescribed in section 21(2).
  • A counter statement must be filed by the mortal as prescribed in Rule forty-nine on kind TM-6 together with the prescribed fee among 2 months from the date of receipt by the mortal with the copy of Notice of Opposition.
  • No provision is there within the law for the extension of this era. Section 21(2) enacts that if the opponent doesn’t file a counter statement then, he shall be ‘deemed to own abandoned his application’.
  • Further proof in support of the applying and proof back by the opponent must be filed.
  • If the Examiner isn’t convinced with the written response, a hearing is denoted for permitting arguments to be place forth head to head.

Trademark Opposition procedure in India:

  • Any person will raise an opposition on a trademark that has been publicized on the trademark journal among four months of the ad having been publicized.
  • The trademark opposition is then sent to the mortal United Nations agency would have the choice of filing a counter-statement among a pair of months of getting received the notice.
  • After inquiring the opposition notice and therefore the counter statement, the registrar might entail a hearing.
  • After correct verification of proof, the registrar will either reject the trademark or the trademark application.

Filing proof in Support of Application

  • The mortal should file proof, if any, in support of the application in 2 months when the receipt by him of the copies of affidavits in support of opposition or alternative can be the intimation that the opponent doesn’t need to prove any proof in support of his opposition.
  • After completion of the formality check and submission of the proof, hearing is fastened to represent their cases by the opponent yet because of the mortal.

If you are doing Not Respond a Trademark Opposition

  • If a trademark is opposed and therefore the mortal doesn’t file a counter-statement, his file won’t be thought-about. It’s immaterial whether or not the failure to file the counter-statement is because of the negligence of the mortal or that of his punctually licensed agent.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T06:06:59+00:00January 16th, 2017|Categories: Trademark|Tags: , , |0 Comments

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey