Trademark Opposition in Gujarat
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meaning of Trademark Opposition in Gujarat
Who can oppose trademark application?
You must have a real or legitimate interest in the outcome of a trademark registration. In essence, the approval of an application must have a direct impact on the opponent.
If someone else’s trademark have reasonable potential to disrupt your business or damage your brand/trademark, then you can file opposition against that stop them from getting registered.
What can be grounds for Trademark Opposition in Gujarat ?
There are specific reasons that are acceptable when filing a trademark opposition in Gujarat. While this list isn’t exhaustive, it includes some of the most common reasons behind opposed trademarks:
-The mark is a generic term for the associated wares or services (in any language);
-The mark is primarily merely a surname;
-The mark is confusing with another trademark, official mark, an Olympic mark or a geographical indication registered in India;
-The trademark is prohibited under the Emblem and Names Act, 1950;
-The mark is scandalous, obscene or immoral;
-The mark is customary in the current language or in the established practices of business;
-The mark is contrary to the law or is prevented by law;
-The mark contains matters that are likely to hurt the religious feelings of any class or section of people;
-Another party had prior use of the mark or a confusingly similar mark in India;
-The applicant used the mark only as a licensee of another party;
-The mark is devoid of distinctive character;
-The mark is descriptive in nature;
-Application for the trademark is made with bad faith;
-The trademark is likely to deceive the public or cause confusion
How to file trademark opposition?
The person who is opposing the trademark application has to file form TM-O within a period of 4 months from the date of advertisement of trademark in trademark journal. One must keep in mind that opposition cannot be filed after completion of 4 months.
What is the further procedure on receiving trademark opposition notice?
- Once you receive the trademark opposition notice, you have to file reply which is called COUNTER STATEMENT to that notice within 60 days from the date of receiving notice. The reply should accompany with all the relevant evidences also.
- If the applicant fails to file counter statement to the opposition notice, then applicant’s trademark shall be deemed to have been abandoned for non-prosecution. If the applicant files the counter statement, the opposition proceeds to the evidence stage.
- On receiving the counter statement, the opponent is required to file affidavit by way of evidence in support of the opposition within 2 months from the date of receipt of counter statement.
- Within 2 months from receiving the affidavit by way of evidence in support of the opposition, the applicant is required to file affidavit by way of evidence in reply.
Get answers to all your queries
Any one who have a real or legitimate interest in the outcome of a trademark registration can oppose the trademark application.
The Notice of Opposition has to be filed within four (4) months from the date of publication of the mark in the Trademark Journal. The period is not extendable under any circumstance.
NO, it is not compulsory to have your trademark registered to oppose other trademarks. Your trademark can be at any stage of registration process to oppose other trademark.
Trademark opposition has to be filed in Form TM O.
