Updated on November 20, 2024 09:48:39 AM
A trademark is the brand's name and the procedure of opposition to trademarks in Assam acts as a crucial defense to safeguard the brand's identity. The goal of this procedure is to eliminate any conflicting trademarks and maintain the vibrant network of IP rights by looking at potential trademark registrations. In this article, we will examine the main purpose and comprehensive understanding of the legal process of trademark opposition in Assam by shedding some light on the way it helps firms to preserve their distinct branding and protect their market distinctness.
The sections 9(1), Section 11, and Section 21 of the Trademark Act 1999 provide for the right to object or opposition to the Trademark. In these situations, the proposed Trademark could be snagged at the beginning of registration. A complaint is made by the examiner or registrar whenever they find any similarity to the registered Trademark.
Trademark Opposition in Assam is brought by a third party. If the Trademark is announced in the newspaper. The journal is open to anyone to read. If any individual or other third party is concerned concerning the Trademark they are able to raise an objection within four months from when the publication date is reached. Its primary purpose is to stop infringement and loss of IP rights.
There are numerous reasons why Trademark Opposition raises in Assam. Some of the grounds for Trademark Opposition in Assam are given below:
The Trademark Opposition in Assam includes many steps that are given below:
When the trademark has been published in the journal that is open for the opposition. If anyone finds some issue so they can raise opposition against the applied trademark.
Here the opponent or third party has to fill Trademark opposition that is basically called “TM-O”. The opponent has to clear the ground of opposition and with this TMO the opponent has to attach all the supportive documents.
When the opponent files the notice of opposition, the applicant will get a notification regarding the opposed Trademark Registration. The applicant gets a copy of the opposition statement and other related documents from the opponent side.
It depends on the applicant that they want to proceed with the procedure otherwise they can refuse or abandon that applied trademark.
Within 2 months the applicant has to submit the counter statement in reply to the opposition. In this statement, they have to submit all the related documents in favour of their statements. The opponent also provides a copy of every piece of evidence to the applicant.
The applicant can also submit their relatable documents to the registrar as well as the opponent also. After that, the opponent will provide further documents to make their strong side.
After receiving the evidence from both sides (opponent and applicant) the registrar will conduct the hearing. In this hearing, the registrar will give the equal opportunity to both parties to prove their sides. If the applicant will not present at the day hearing so the applied trademark will be abandoned and rejected.
After examining all the related evidence of the applicant and the opposition, the registrar decided whether the applied mark was registered or not. If the registrar is satisfied with the statements submitted by the applicant, the trademark will be accepted and registered. Otherwise, the applied trademark will be rejected or abandoned.
There are several purposes of Trademark Opposition in Assam some of these are given below:
Trademark Opposition in Assam can be a stuck point for your registration process. It can increase the chance of refusal or rejection. There are some points mentioned below that help to avoid the chance of a Trademark Opposition in Assam:
Trademark Registration is a long process and higher chance of trademark opposition. Here, “Litem Legalis” will help you to get your TM registration in an easier and hassle-free way. “Litem Legalis” will be your best choice because of:
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The procedure for trademark opposition in Assam is a key area that businesses can use to protect their intellectual property and maintain their brand's integrity. By actively participating in this process, companies can effectively defend themselves against possible infringements, preserve their competitive edge and help ensure market differentiation. Through understanding the intent and the potential of trademark opposition in Assam firms can navigate the complex landscape of intellectual property rights safely and ensure their brand's reputation in an ever-changing global market.
The cost of the trademark opposition filing in Assam is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Assam has many purposes such as preventing the solo rights of existing Trademarks, preventing confusion, promoting fair competition, protecting consumer interests and also enhancing transparency.
When the registrar publishes the Trademark in the journal, the opponent has to file an Opposition within four months of the advertisement.
The Trademark Opposition in Assam includes many steps such as filing the notice of Opposition, counter-statements, evidence in support of the Opposition, hearing process and registration or rejection.
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