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Trademark Opposition Reply

Trademark Opposition Trademark Opposed

Trademark Opposition in simple terms means your Accepted and Advertised trademark is Opposed by some third party. Who claims that your trademark is similar or identical to their existing trademark. Though, Trademark Opposition is a procedural subject but, in case your trademark is marked it can jeopardize.

Below we shall look into the whole aspect of trademark opposition and the process involved to tackle it:

What is Trademark Opposition?

Once your trademark is accepted by Trademark Registry, same is published in Trademark Journal (Trademark Journals are published on weekly basis and can be easily accessed on IPINDIA website). So, as per the trademark rules once it is published in the said Trademark Journal your trademark is open for Opposition for a period of 4 months.

For e.g: If your trademark is published on 01st Jan 2021, then the four months opposition window is valid till 30th April 2020. Hence, any person or entity who wants to file opposition against your published trademark same needs to be done with this timeframe only. Once the four month duration is lapsed no other remedy is available to the Opponent.

Who can file Trademark Opposition?

Any individual or entity, matter if he is an Indian national or foreign can file Trademark Opposition against Accepted and Advertised Trademark with the timeframe mentioned hereinabove. Though there are many instances where people file Opposition without a bonafide or valid reason but still those opposition can be held valid and same can be determined on merit basis in Trademark Opposition hearing.

My Trademark Status Is Marked Opposed? What does it mean?

When your trademark status is marked opposed means your trademark is under Third party Opposition and you need to act on urgent basis.

What should I do when my Trademark is Opposed?

You need to file Counterstatement to the Notice of Opposition raised against your Trademark. Once Trademark Registry notified that the notice of opposition is in order, you need to file counterstatement within 2 months of the notification. Any delay can jeopardize your trademark process.

What to do after filing Counterstatement?

Once you file counterstatement against your Opposed trademark. Registry notifies the Opponents regarding the same. And Opponents has to file Evidence in Support of Opposition Under Rule 45 of Trademark Rules, 2017. If Opponents fails to file the evidence within 2 months of the notification, the Opposition can be marked as Abandoned by Trademark Registry.

Opponent have filed Evidence in Support of Opposition, what should I do now?

After Opponent files Evidence in Support of Opposition under Rule 45, a copy of the same has to be posted / emailed to you or your attorney by the Opponent. Evidence generally contains copies of proof and documents as to how Opponent is using the trademark and how your registration can create confusion in the marketplace.

You have 2 months period to reply to the evidence by filing Evidence In Support of Application under Rule 46 of Trademark Rules. Please don’t forget to properly post the evidence to Opponent or its Attorney.

What is next after evidence stage?

After both the parties file and post supporting evidence to each other. Trademark Office shall call both parties for personal hearing. And final call will be taken by Trademark Office as to whether your Trademark shall be provided final registration or not.

Do I need to appoint an advocate to contest Trademark Opposition?

Yes, you need to appoint an advocate who is expert in Intellectual Property field. And who can effectively put your case before trademark office.

What expense is involved in contesting Trademark Opposition?

Cost may vary from case to case but the expense is not exponential than exposing your trademark to copycats.

Where to contact in case I want to know more about Opposed Trademarks?

You can call us on above given numbers or you can contact us here.