Updated on October 16, 2024 05:19:47 AM
In Kerala trademark opposition is a legal process that permits individual or business to protect their intellectual property rights from misusing it without their permission. If a company or person wants to reserve a unique identity in the market, they can file an opposition against any infringement on their registered trademark. Businesses who want to protect their brand should understand how the trademark opposition process works.
The aim of this article is to explain the process, purpose, and certain tips for applicants to avoid opposition. Basic information will make it easier for an applicant to understand and thus obtain trademark registration in Kerala.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under sections 9(1), 11, and 21 of the Trademark Act, 1999, objections or opposition to a trademark application is provided. In such situations, the trademark application can be delayed during the process of TM Registration. If the registrar or examiner sees any similarity to an existing registered trademark, they usually object.
Trademark opposition in Kerala is initiated by a third party. When the mark gets advertised in the trademark journal, that's when it goes public. Anybody can raise objections against the trademark within the period of four months from the date of publication. The primary reason for the entire procedure is to avoid some kind of violation or infringement on some other person's intellectual property rights.
There are numerous reasons why Trademark Opposition raises in Kerala. Some of the grounds for Trademark Opposition in Kerala are given below:
The Trademark Opposition in Kerala 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 Kerala some of these are given below:
Trademark Opposition in Kerala 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 Kerala:
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 Kerala is to protect the intellectual property rights of others. Once you understand this process fully, a registered trademark owner can avoid their trademark from being infringed upon. The trademark owner must regularly check the journal for it to keep the brand unique.
If the applicant is going to undergo various legal procedures then it’s sensible to get the help of a professional or trademark lawyer.
The cost of the trademark opposition filing in Kerala is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Kerala 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 Kerala 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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