Updated on November 12, 2024 06:05:55 AM
The trademark opposition process in Bihar is an important step in protecting a business's brand and preventing unauthorized use of its name or logo. In today’s fast-changing world, with new ideas and products constantly entering the market, this process allows businesses to challenge trademarks that are too similar to their own. In this way, the company ensures that its brand identity remains unique and not confused with any other brand. In this article, we are going to explain you the process of Trademark opposition, its importance, and the possible consequences, which illustrate how it protects the rights of businesses to be more connected in a competitive world.
The Trademarks Act 1999, under Sections 9(1), 11, and 21, has provisions for challenging trademarks while a trademark is still in its registration process. It may occur in two major ways:
If the new trademark looks too similar to one that’s already registered, the registrar will object.
A third party can also raise opposition when the trademark is published in the journal. But if anyone feels the new trademark application may cause them damage they have four months to challenge it. This aims to protect earlier brands while avoiding conflicts of intellectual property.
There are numerous reasons why Trademark Opposition raises in Bihar. Some of the grounds for Trademark Opposition in Bihar are given below:
The Trademark Opposition in Bihar 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 Bihar some of these are given below:
Trademark Opposition in Bihar 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 Bihar:
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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In Bihar, the trademark opposition process is a powerful way for businesses to protect their unique identity in a market where brands are competing constantly for consumer attention. Participating in this process shows that an individual or a company is ready to play fair competition, build trust with customers, and have a strong brand reputation. We conclude with the fact that trademark opposition in Bihar is still a powerful tool to maintain the uniqueness of brand originality and foster innovation to keep the uniqueness of the businesses.
The cost of the trademark opposition filing in Bihar is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Bihar 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 Bihar 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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