Updated on October 16, 2024 06:05:30 AM
Trademark opposition has become an important area where businesses in Manipur defend their brand identities and protect their market positions. Companies are constantly competing to be noticed in crowded markets and disputes are common when two parties claim ownership of the same or similar trademarks.
In this article we will go through the trademark opposition process in Manipur and how it affects brand protection and legal steps to resolve a trademark dispute.
Under Sections 9(1), 11, and 21 of the Trademark Act, 1999, objections or oppositions can be filed against a trademark application. These objections can delay the registration process. An objection is usually raised by the registrar or examiner if they find that the applied trademark is too similar to an already registered one.
In Manipur, trademark opposition is brought up by a third party. Once the trademark is advertised in the official journal, anyone with concerns has four months from the date of publication to raise an opposition. The goal of this process is to protect intellectual property rights and prevent infringement or any conflict with existing trademarks.
There are numerous reasons why Trademark Opposition raises in Manipur. Some of the grounds for Trademark Opposition in Manipur are given below:
The Trademark Opposition in Manipur 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 Manipur some of these are given below:
Trademark Opposition in Manipur 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 Manipur:
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 Manipur is an important part of the entire trademark registration process. Firstly it involves several stages, when you file the TM opposition form, file counter statements, and replies then you have the hearings. This helps protect existing trademark rights and allows businesses or individuals to oppose them and defend their brand identity.
The applicant must submit all necessary documents during the process of trademark registration. They have to present supporting statements to the registrar if they are opposed. Again, applicants can also apply for a professional trademark attorney to help them navigate through this process without any opposition problems.
The cost of the trademark opposition filing in Manipur is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Manipur 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 Manipur 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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