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It is also known as third party objection.
WHAT IS TRADEMARK OPPOSITION?
It is another part of trademark registration when the third party objects the applied mark while registering that mark once the registrar accepts the proposed trademark whether the acceptance provided at the hearing or at the time of exam report issued. If the registrar agrees with the proposed mark, then it will be published for four months in the journal by the registrar. The intent for publishing the mark in the journal is that any person who is not satisfied by that acceptance or suffered any loss or damages due to such a mark can raise his objection regarding that registration. When the objection raised by the government/ registrar, then it is known as an objection, but if objection raised by any third party, then it will be called as an opposition. The aggrieved party will send the notice of opposition to the applicant as well as to the registrar of the trademark in “FORM O” along with prescribed fees. The opposition notice shall be made only on that grounds which are mention in section 9 and 11 of the Trademark Act, 1999. The application shall contain:
* the name of the aggrieved party,
* names of the applicant;
* trademark application number against which opposition filed;
* the ground of opposition made;
* other relevant information along with supportive documents.
After getting opposition, the registrar will not directly reject the application; he will give the opportunity to present its defense.
Before appearing in front of a registrar regarding the opposition matter, the applicant first needs to file his reply to the opposition notice. If the registrar is satisfied with the answer of the applicant, he may reject the opposition, and if not then he may call both the parties at hearing to seek out the matter. At the hearing, if the registrar is satisfied with the applicant, then he may accept the proposed trademark, and if not then he may reject for registering the intended mark. Once the trademark is registered, then it will be valid for ten years, and after getting registered status nobody can raise any objection on it. This step is conditional which means that the proposed mark may get opposed or may not be opposed. However, if the mark gets any opposition, then it is always better to take professional guidance as they have better knowledge and experience in such dealing.
What Do You Get In Trademark Opposition
Documents Required For Trademark Opposition
Process Of Trademark Opposition Reply
- Trademark Status Search
- Notice Reply
- Government Examination
Once the registrar accepts the trademark, it doesn't mean the mark is registered. It is also important to continuously track the status of the mark regarding third-party objection. We will use your trademark application number to monitor your trademark's current status. If any third party objected, we will send you a copy of the notice.
After you give your authorization in the form of power of attorney, we will start your process, and the first thing is we will draft the counter-statement in against of such opposition and file the reply or counter statement regarding such opposition notice to the registrar.
After receiving the counter-statement in against of opposition notice, the registrar will examine them both, the counter-statement as well as the notice. If the examiner is satisfied by the counter-statement, then he will dismiss the opposition notice and if he believes that the third party has a valid point for opposing, then he may call both the parties at the hearing to resolve this opposition matter.
If the registrar calls both the parties at the trial/hearing, then the matter will be decided in front of the registrar. The attorney will attend the hearing on behalf of the applicant and present his point of views and documents.
Let our experience be your guide