Updated on October 16, 2024 05:36:53 AM
Trademark Opposition in Madhya Pradesh is an essential part of trademark registration, which gives security against infringement of the existing mark with the help of trademark opposition. The significant importance of the protection of intellectual property in this modern business environment. While brands are such valuable assets, trademark conflicts have increased so much, showing up in court battles and litigation. This article provides an overview of trademark opposition, its importance to brand reputation, and what legal options are available if the two parties can’t resolve the conflict.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Objections or opposition to trademark application are permitted under Sections 9(1), 11 and 21 of the Trademark Act, 1999. In such cases, the trademark registration process is delayed. If the registrar or examiner notice similarities with an existing registered trademark, they will usually object.
In Madhya Pradesh, a third party initiates trademark opposition. When the trademark appears in the journal, it is public, and anyone who has a problem with the trademark can file an opposition within four months of the publication date. The main objective of this process is to avoid any infringement or violation of someone’s intellectual property rights.
There are numerous reasons why Trademark Opposition raises in Madhya Pradesh. Some of the grounds for Trademark Opposition in Madhya Pradesh are given below:
The Trademark Opposition in Madhya Pradesh 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 Madhya Pradesh some of these are given below:
Trademark Opposition in Madhya Pradesh 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 Madhya Pradesh:
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 Madhya Pradesh is a mandatory process. It has many steps including filing the TM-opposition form, filing counter statements, replies, and hearings. The importance of this process is that it protects brands' already rights trademarks and gives the chance for people or businesses to object and take their brand identity.
During the registration of the trademark, the applicant must provide all necessary documents. If they face opposition they must submit all relevant and supportive statements to the registrar. If applicants do not wish to incur complications, it is best for the applicant to consult a professional trademark attorney.
The cost of the trademark opposition filing in Madhya Pradesh is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Madhya Pradesh 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 Madhya Pradesh 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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