RandL Legal Services Pvt. Ltd.

Intellectual Property /Trademark Opposition

Trademark Opposition refers to the process where a third party challenges the registration of a trademark in India. It allows individuals or businesses to oppose the registration of a trademark if they believe it conflicts with their existing rights or violates the provisions of the Trademarks Act.

INTELLECTUAL PROPERTY

Trademark Opposition

Filing the Opposition

The first step in the trademark opposition process is filing a notice of opposition with the Trademarks Registry. This involves presenting arguments and evidence to support the opposition and explain the grounds for challenging the trademark registration.

Examination and Counter-Statement

Once the notice of opposition is filed, the Trademarks Registry examines the opposition and provides a copy to the trademark applicant. The applicant can then file a counter-statement to respond to the opposition, presenting their arguments and evidence in support of their trademark registration.

Evidence and Hearings

Both parties have an opportunity to submit evidence to support their claims during the opposition proceedings. The Trademarks Registry may also schedule hearings where the parties can present their case and arguments in person or through legal representatives.

Decision by the Registrar

Based on the arguments, evidence, and hearings, the Registrar of Trademarks will evaluate the opposition and make a decision. The Registrar may decide to reject the opposition, partially accept it, or entirely uphold it, leading to the refusal or acceptance of the trademark registration.

Appeal and Further Proceedings

If dissatisfied with the Registrar's decision, either party can appeal to the Intellectual Property Appellate Board (IPAB). The IPAB will review the case and make a final determination. Further legal proceedings may be initiated in higher courts if necessary.

Faq

Any person or entity who believes that a trademark registration may infringe their existing rights or violate the Trademarks Act can file a trademark opposition.
Grounds for trademark opposition can include prior existing rights, likelihood of confusion, deceptive similarity, lack of distinctiveness, or violation of the Trademarks Act.
After filing a notice of opposition, the Trademarks Registry examines the opposition, provides a copy to the applicant, and allows them to file a counter-statement to respond to the opposition.
Yes, both parties have the opportunity to present their case in person or through legal representatives during hearings scheduled by the Trademarks Registry.
The Registrar evaluates the arguments, evidence, and hearings presented during the opposition process and makes a decision on the validity of the opposition and the trademark registration.
If dissatisfied, either party can appeal the Registrar's decision to the Intellectual Property Appellate Board (IPAB) and seek a review and final determination from the IPAB.

Our simplified process

01Filing Notice of Opposition

We assist in preparing and filing a strong notice of opposition, outlining the grounds and supporting evidence to challenge the trademark registration.

02Counter-Statement Preparation

Our experts help craft a comprehensive counter-statement on behalf of the trademark applicant, addressing the claims raised in the opposition and providing strong arguments in favor of the trademark registration.

03Evidence Submission and Hearing Support

We guide you through the process of gathering relevant evidence and prepare a robust case to support your position during the opposition proceedings. Additionally, we provide representation and support during any scheduled hearings.

04Appeal and Legal Remedies

In case the opposition is not resolved at the Registrar level, we assist in filing an appeal with the Intellectual Property Appellate Board (IPAB) and provide guidance on further legal remedies if necessary, ensuring your rights and interests are protected..

Clients Speak

Thank you so much for helping us.I have inquired about incorporating my firm and registering trademarks with the company that I contacted. They were responsible for everything, beginning to end.

Jivan Kadam

One of the best and very popular legal service provider..One of the best and very popular legal service provider..They listened to the problems and shared valuable input. Nicely coordinated and arranged the call. best place for legal work.

Ranjana Lupane