Updated on October 15, 2024 07:55:55 AM
Goa is a bustling hub for businesses and entrepreneurs, and it has a very interestingly mixed bag of culture, tourism, and commerce. Trademark opposition is a very important step to protect intellectual property rights and maintain the uniqueness of the brand. When every company is trying to make its presence felt and secure its trademark, it is important to understand the purpose and details of the trademark opposition process in Goa.
This article will tell you why this legal procedure of trademark opposition is important and how it helps businesses to protect their brand assets and keep their market position in this vibrant coastal destination.
sections 9(1), 11, and 21 of the Trademark Act, 1999 provide objection or opposition against trademark application, which may delay the process of registration. Objections are raised if the registrar or examiner finds similarities with an existing trademark.
Trademark opposition can be filed in Goa by a third party after the trademark is published in the journal. After advertising, anyone who has concerns can object to it within four months of the publication date. The main aim is to stop any misuse or weakening of someone's intellectual property rights. understanding this process, your business will be better able to protect its brand and deal with whatever legal problems may occur more easily, making the path to trademark registration procedure much easier.
There are numerous reasons why Trademark Opposition raises in Goa. Some of the grounds for Trademark Opposition in Goa are given below:
The Trademark Opposition in Goa 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 Goa some of these are given below:
Trademark Opposition in Goa 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 Goa:
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 process in Goa concludes that this is a perfect way for businesses to protect their intellectual property in this coastal region. Taking part in this legal process will help companies protect their brand identity, maintain their market position, and a fair business environment.
This is the trademark opposition process that businesses can rely on in Goa to defend their rights from possible infringements, to prevent them from happening, and to protect that hard-earned reputation. If businesses handle this process carefully and with awareness, they can protect their brand’s future and be successful in the ever-changing marketplace of Goa.
The cost of the trademark opposition filing in Goa is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Goa 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 Goa 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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