Updated on October 16, 2024 05:42:26 AM
In today’s tough business world where intellectual property right is a key issue, Knowing the trademark opposition process in Maharastra is an important tool to safeguard your intellectual property rights. Conflicts over exclusive trademark rights often occur between startups and big corporations alike, and the push for them can be fierce. This article takes you through the ins and outs of trademark opposition in Maharashtra, how it affects businesses, and ways to reduce legal battles.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Objections or opposition to a trademark application can be filed under Sections 9(1), 11, and 21 of the Trademark Act, 1999. If this happens, the registration process can be stopped. When the registrar or examiner finds similarities with an already registered trademark, objections are usually raised.
In Maharashtra, trademark opposition is filed by a third party. Once a trademark is published in the journal, it is open to public review. Within four months of the date of publication, if anyone has concerns or objections, they can file an opposition. The main aim of this process is that it should keep any person from infringing or violating anyone else's intellectual rights.
There are numerous reasons why Trademark Opposition raises in Maharashtra. Some of the grounds for Trademark Opposition in Maharashtra are given below:
The Trademark Opposition in Maharashtra 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 file 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 TM 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 Maharashtra some of these are given below:
Trademark Opposition in Maharashtra 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 Maharashtra:
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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In Maharashtra, the trademark opposition is a part of the registration process, comprising several stages of TM-opposition form filing, counter-statement filing, replies, hearing attendance, etc. It is of prime importance in the field of protection concerning the existing rights to a trademark, since through this method one person or business can raise objections on grounds of similarity and safeguard his brand identity.
At the time of registration, applicants are supposed to lodge all the needed documents. If there is opposition, applicants will have to issue relevant statements along with supportive ones to the registrar. In order to avoid such complications, it is always better for them to consult a professional trademark lawyer.
The cost of the trademark opposition filing in Maharashtra is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Maharashtra 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 Maharashtra 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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