Updated on November 26, 2024 11:52:13 AM
Trademark Opposition has been regarded as the major ingredient of protection of intellectual property in Chhattisgarh. It helps the company protect its identity by opposing such trademarks that could lead to confusion or harm their brand’s assets. This legal process provides a business with an extended opportunity to prevent brand dilution and breach by challenging the trademarks that can conflict with their own. Organizations looking to manage the complex world of intellectual property rights and keep their competitive advantage need to understand the purpose behind and subtleties of the trademark opposition procedure.
Under sections 9(1), 11, and 21 of the Trademark Act 1999, objections or opposition to a trademark application may be raised. In such cases, the trademark application may delay its registration. If the applied trademark is very similar to a registered trademark, the registrar or examiner will usually object.
In Chhattisgarh, a third party can raise a trademark opposition. Once the trademark is published in the journal, the public can look it over. Anybody or business that thinks the trademark might harm its rights can file an opposition within four months of publication. The main aim of this process is to protect intellectual property rights, to stop the infringement, and to prevent dilution of existing brands.
There are numerous reasons why Trademark Opposition raises in Chhattisgarh. Some of the grounds for Trademark Opposition in Chhattisgarh are given below:
The Process of Trademark Opposition in Chhattisgarh 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 of 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 Chhattisgarh some of these are given below:
Trademark Opposition in Chhattisgarh 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 Chhattisgarh:
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 trademark opposition in Chhattisgarh is an extremely important aspect of intellectual property rights, enabling brands to survive in a competitive market. This will provide the owners with the facility of protecting their trademarks effectively from any unauthorized use to preserve the distinctive features of their brand. By the trademark opposition, it would be capable of protecting brand identity, inhibiting its dilution, and maintaining the market position of the same. A proper understanding of this process will enable organizations to navigate through the complexities of intellectual property law and ensure the future and position of their brand in the marketplace.
The cost of the trademark opposition filing in Chhattisgarh is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Chhattisgarh 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 Chhattisgarh 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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