Updated on September 25, 2024 12:05:57 PM
A trademark is a symbol, phrase, word, or design used to identify a specific product or service. To be legally protected, a trademark must meet certain requirements, including being unique and not generic. This means that the trademark cannot be so common that it can be used by others to identify similar products or services. At the same time, the trademark should not be so uncommon that others cannot use it without infringing on someone else's trademark rights.
Opposition filing is a Litem Legalis" process in which an individual or a company can object to the registration of a trademark application. It is a formal challenge that is filed with the relevant trademark office to prevent the registration of a trademark that is considered too similar or identical to an existing trademark.
Opposition filing allows parties who believe that their trademark rights will be infringed upon by the registration of a similar or identical trademark to take action and protect their interests. This process is usually initiated by filing a notice of opposition within a certain time frame after the publication of the trademark application.
The opposition proceedings can be a complex legal process that involves presenting evidence, arguments, and counter-arguments to support or refute the opposition. The final decision is usually made by the trademark office after considering all the evidence presented by both parties.
Trademark opposition filing could be a tricky process but it is always feasible to assist any Professional. Trademark opposition could be filed for a similar trademark but in a different class in the same manner, as any other opposition filing but for that the following gourds should be satisfied:
Your trademark should be a well-known trademark i.e. your trademark should be known by the majority of people and should have goodwill of its own then you can oppose the other trademark which has been advertised in the trademark journal in a different class.
If the advertised trademark owner deals in similar goods and services of yours then you can oppose the trademark by filing a trademark opposition.
If your mark is coined i.e. it doesn’t have any dictionary meaning and has been invented by you only then you can oppose the advertised mark by filing trademark opposition.
A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. If the advertised trademark is deceptively similar to your mark then you can file an opposition.
It can be simpler for some trademark owners to contest a trademark in a different category. For instance, if the trademark is registered for use as a service mark, there may be more valid reasons to oppose it compared to if it were registered for use in goods.
The process for opposing the same trademark in a different category is similar, and filing oppositions for various trademark categories may yield better outcomes due to more specific grounds for each opposition type. This approach can save time and be more efficient as legal proceedings may not be necessary.
The trademark opposition could be filed within 4 months from the date from which your trademark gets accepted and advertised in the trademark journal.
For example: If a trademark “Icon” gets accepted and advertised in a trademark journal for different classes then any person or any concerned party can oppose the trademark within 4 months of it getting accepted and advertised in the trademark journal.
In conclusion, it is possible to file an opposition for the same trademark in a different class. The opposition filing process is a formal challenge to the registration of a trademark that is considered too similar or identical to an existing trademark. To file an opposition in a different class, certain criteria must be met, such as having a well-known trademark, dealing with similar goods and services, having a coined mark, or having a deceptively similar mark.
Filing oppositions for various trademark categories may yield better outcomes due to more specific grounds for each opposition type. The opposition must be filed within four months from the date of acceptance and advertisement in the trademark journal. Overall, the opposition filing process can be complex, and it is advisable to seek the assistance of a professional.
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