Updated on October 10, 2024 11:47:24 AM
Trademark opposition in Haryana is an essential part of protecting intellectual property rights, as it helps keep trademarks unique and prevents possible infringements. It offers a legal way for a business to object to the registration of any identical or confusingly similar trademark, thus protecting its brand identity. We will look into the step-by-step process of trademark opposition to explain its importance for companies in Haryana. It goes without saying that understanding this process helps businesses navigate the legal landscape more easily, giving them a stronger competitive edge and better protection against ongoing threats to their intellectual property in rapidly changing markets
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under Sections 9(1), 11, and 21 of the Trademark Act 1999, it's possible to object to or oppose a Trademark application. When this happens, the registration process can be interrupted. Objections are usually made by the registrar or examiner if they notice any similarities with a Trademark that’s already registered.
The Opposition of Trademark, regarding the case of Haryana, gets done a little differently. A third party does it after the Trademark is advertised in a journal. It gets open to everybody after being advertised, and upon seeing any problem, one gets four months from the date of publication to file an Opposition. The main aim here is to protect existing intellectual property rights and make sure that no one’s brand identity is at risk of being copied or misused.
There are numerous reasons why Trademark Opposition raises in Haryana. Some of the grounds for Trademark Opposition in Haryana are given below:
The Trademark Opposition in Haryana 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 Haryana some of these are given below:
Trademark Opposition in Haryana 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 Haryana:
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 Haryana is a very important process for any intellectual property rights protection. By using legal processes the company that is based within the industrial region can shield its brand identity, encourage new ideas, and maintain fair competition.
The trademark opposition process gives companies the tools they need to confidently move through Haryana's fast-paced industrial scene, safeguarding their valuable intellectual property. This not only helps protect their brands but also supports the growth and development of the state’s economy. With a solid grasp of how trademark opposition works, businesses in Haryana can move forward, knowing their trademarks are safe and distinctive in a constantly changing market.
The cost of the trademark opposition filing in Haryana is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Haryana 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 Haryana 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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