Updated on November 20, 2024 09:52:28 AM
The trademark opposition in Dadra & Nagar Haveli is an extremely serious and crucial legal step for brand owners for the protection of their intellectual property rights. By challenging potentially conflicting trademarks, businesses can ensure that their unique brand assets remain untarnished and distinct in the marketplace. In this article, we will explore what the trademark opposition process is for, and how it goes step by step, because it is such an important part of intellectual property protection, and it is important for maintaining brand reputation and consumer trust.
Sections 9(1), 11, and 21 of the Trademark Act 1999) provide for objections or opposition to trademark application. The registration process of a trademark can be interrupted in two cases when a trademark is applied. If the registrar or examiner detects similarities between the new application and an existing registered trademark, objections are raised.
In Dadra & Nagar Haveli, a trademark opposition can be initiated by a third party. After the trademark is advertised in the official journal, it becomes publicly available. That means any individual or organization that believes the trademark may harm their rights has a four-month window to file an opposition. The main aim of this process is to avoid trademark infringement and protect the intellectual property rights of existing brand owners.
There are numerous reasons why Trademark Opposition raises in Dadra & Nagar Haveli. Some of the grounds for Trademark Opposition in Dadra & Nagar Haveli are given below:
The Trademark Opposition in Dadra & Nagar Haveli 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 Dadra & Nagar Haveli some of these are given below:
Trademark Opposition in Dadra & Nagar Haveli 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 Dadra & Nagar Haveli:
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 Dadra & Nagar Haveli, the trademark opposition procedure has become a very important step against the violation of intellectual property rights. This is because, in the Trademark opposition process, an enterprise would be able to defend its brand from any potential infringements and maintain its unique identity. Trademark opposition procedure facilitates a balanced and fair marketplace weighted in favor of encouraging competition and creativity. It enables brands to grow without fear of misuse or conflict of their intellectual property.
The cost of the trademark opposition filing in Dadra & Nagar Haveli is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Dadra & Nagar Haveli 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 Dadra & Nagar Haveli 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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