Updated on December 19, 2024 06:08:51 AM
It is an important process to protect intellectual property rights with the trademark opposition Jharkhand process. The trademark opposition process is of utmost importance and it is important to know about the details, with a dynamic business environment and a strong entrepreneurial culture, it can be understood in a different context of Jharkhand.
This article looks at the legal framework that allows businesses to protect their brand identity, play in the competitive marketplace, and maintain their trademarks distinctive and protected from misuse. In this article, we will discuss the purpose and procedure of trademark opposition and how it helps in the strengthening of brand integrity and a healthy business environment in Jharkhand.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under Sections 9(1), 11, and 21 of the Trademark Act, 1999, objections and opposition to a trademark application are permitted. If these situations come up, the trademark application can be stopped during the registration process. The registrar or examiner will raise objections if the applied trademark seems similar to an existing registered trademark.
Trademark opposition can also be initiated by a third party in Jharkhand. A trademark application is published in the Trademark Journal and is open to public review. Within four months from the date of publication, any person or third party can file an opposition to the trademark. The main purpose of this process is to prevent any intellectual property rights infringement and no legal rights infringement.
There are numerous reasons why Trademark Opposition raises in Jharkhand. Some of the grounds for Trademark Opposition in Jharkhand are given below:
The Trademark Opposition in Jharkhand 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 Jharkhand some of these are given below:
Trademark Opposition in Jharkhand 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 Jharkhand:
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 in Jharkhand is a crucial step in the life of the business as it allows for the protection of its trademark as well as brand integrity, in a state of dynamic development. Participating in such a legal procedure allows companies to enforce their exclusivity on the market and preserve fair competition.
The trademark opposition process in Jharkhand helps businesses protect their trademark assets, adapt to the changing trademark landscape, and keep the faith of consumers. Finally, as we end, we must recognize that this process helps in innovation, helps in brand distinctiveness, and also helps in building a better business environment for Jharkhand.
The cost of the trademark opposition filing in Jharkhand is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Jharkhand 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 Jharkhand includes many steps such as filing the notice of Opposition, counter-statements, evidence in support of the Opposition, TM hearing process and registration or rejection.
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