Trademark Opposition | EXCELON IP – Trademark Opposition Services Law Firm
Sometimes someone knowingly or unknowingly infringes on your trademark which is a very in-competitive business practice to do. A trademark owner holds exclusive rights of ownership of the mark and can restrain someone who is using an identical mark for their business practices. Here at EXCELON IP, provide you Trademark Opposition Services with the most affordable Trademark Opposition Fee structure.
How to file a Trademark Opposition?
Filing a trademark opposition is a significant remedy which allows the proprietor of a brand to protect his/her trademark. This is an action taken by the proprietor of the trademark against a newly filed application who has attempted to register a similar or a deceptively similar mark. An opposition may be filed by any person nationally (India) or internationally (outside India). Also, if a new application is not opposed within time viz. If a new application is violating someone else’s registered trademark then such trademark owner should file an application of opposition within a specified period against the newly filed application and if it is not opposed within time, the application will process for registration. So, the responsibility for filing an opposition lies on the applicant who wants to oppose. After getting the trademark registered, the court may not opt to disturb a mark already registered by the respective trademark registry of India, which is considered to be the supreme authority in the matters of the trademark. If it is felt that, the registration might affect the IP rights of some trademark owner, then it is advisable to go for filing an opposition within the prescribed time period with due diligence. If you lose the opportunity of filing an opposition then, other options available are of complex nature, lengthy and costly.
The intention behind publicizing a trademark in the journal maintained by the trademark registry of India is to inform people at large about the proposed request of registration which allows any interested person or entity to oppose such application within a stipulated period that is f 4 months after publication as per Indian Trademark Act. The trademark journal is updated on a weekly basis in the official gazette by the trademark registry of India.
The time period for limitation after advertisement of such application is for four months which is not expandable in any case as prescribed by the law. Any kind of lapse during the trademark prosecution and oppositions will attract abandonment of such application by the registrar of the trademarks. Also, once the opportunity for filing a trademark opposition is overlooked, the only remedy which can be taken is to file for cancellation of such trademark in the appellate board of Intellectual property in accordance with the prescribed laws.
The grounds for the opposition will differ from case to case in consideration of circumstances.
Common Reasons for Opposing a Trademark
- The similarity of the trademark or deceptive similarity to the opponent’s registered mark.
- The trademark application filed is non-specific and descriptive when looked under the prescribed laws.
- The trademark application resembles a well-known trademark of the opponent.
- Such an applicant isn’t the true user and owner of such mark.
- Such trademark attempts to cause confusion or deception in view of the public.
The trademark opposition shall be submitted at the appropriate trademark registry of India. Appropriate trademark registry of India here means the appropriate office of the registrar where the applicant has filed an application for registration.
We are a team of experts at Excelon IP which offers not only services in relation to trademark but a wider gamut of other trademark services across all trademark offices of India. Excelon IP provides services of trademark opposition in India too. Our expertise puts us in a superior position where we can handle our client’s application in an efficient manner with a higher effectiveness every time.