Updated on November 26, 2024 11:52:14 AM
The Trademark Opposition process in Delhi is an important aspect of protecting intellectual property to prevent infringement and damaging the brand identity. It is a critical legal procedure that plays an important role in the interest of business consisting of the ability to safeguard your exclusive trademarks and defend your exclusive brand presence.
If you are a company looking to enhance your market position, protect your brand reputation, and differentiate yourself in a crowded market, it is important to know about the trademark opposition process in Delhi. It enables businesses to spend some time and take proactive measures to ensure their trademark’s distinctiveness in the marketplace.
According to sections 9(1), 21, and 11 Trademark Act, 1999, an objection or opposition to the trademark application to an applicant can delay the registration process. Objections are filed if any similarity with an already registered trademark is found by the registrar or examiner.
Trademark opposition in Delhi can be filed when a third party files an opposition after the journal publication of the trademark. Once the publication is made, there could be anyone who might show some concern by filing an opposition within four months of the publication date. The main aim is to avoid any kind of misuse or dilution of one's intellectual property rights. Knowing this process helps businesses to protect their brand and handle any legal challenges smoothly, which makes the path to smooth in getting trademark registration.
There are numerous reasons why Trademark Opposition raises in Delhi. Some of the grounds for Trademark Opposition in Delhi are given below:
The Trademark Opposition in Delhi 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 Delhi some of these are given below:
Trademark Opposition in Delhi 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 Delhi:
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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Trademark opposition process in Delhi plays a very vital role in the protection of intellectual property rights. This would enable the business to work constructively in the protection of brand identity for consolidation of market position, as well as protection of reputation.
By finding out the purpose and importance of such a procedure as the opposition, organizations will be able to overcome some obstacles that always face them on the constantly changing landscape of intellectual property rights without compromising distinctive, memorable, and well-protected trademarks.
The cost of the trademark opposition filing in Delhi is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Delhi 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 Delhi 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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