Updated on November 20, 2024 09:56:07 AM
Daman and Diu is a union territory in India, well known for its beautiful coastal beaches, and a place where businesses can protect their intellectual property by applying for trademark opposition. It is a business and innovation hub, and it has a rich cultural heritage and historical significance. With the growth of the companies in this vibrant area, it is important to learn about the trademark opposition process in Daman and Diu.
In this article, we will walk you through the purpose and the key steps of the trademark opposition process in Daman and Diu and how businesses can travel this legal path to protect their brand and acquire a stronger position in the market.
Sections 9(1), 11, and 21 of the Trade Marks Act, 1999, thus allow for an opposition to a trademark application, which can delay its registration. The registrar or examiner would make such findings based on similarities with an existing trademark.
Trademark opposition in Daman and Diu is triggered when a third party objects after the trademark appears in the journal. If anyone has a problem with the trademark, he can file an opposition within four months after the publication. This procedure will help in the protection of intellectual property rights to avoid infringement or confusion. This is important for businesses to understand. It protects their brand and helps them easily move through any legal challenges along the way in a more hassle-free way to find trademark protection.
There are numerous reasons why Trademark Opposition raises in Daman & Diu. Some of the grounds for Trademark Opposition in Daman & Diu are given below:
The Trademark Opposition in Daman & Diu 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 Daman & Diu some of these are given below:
Trademark Opposition in Daman & Diu 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 Daman & Diu:
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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As we conclude our analysis of the trademark opposition process in Daman and Diu is a crucial step for business owners who want to protect their brand identity and their intellectual property rights in the distinctive coastal territory. Enterprises can hold their brands’s integrity, secure their market position, and confidently navigate the growing business landscape of Daman and Diu.
As trade continues to grow in this dynamic union territory, understanding and utilizing the trademark opposition process will remain vital for businesses aiming to establish and preserve their valuable brand assets in this flourishing coastal environment.
The cost of the trademark opposition filing in Daman & Diu is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Daman & Diu 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 Daman & Diu 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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