Updated on October 16, 2024 06:20:00 AM
Trademark opposition in Meghalaya will not only help a business protect the brand name of one's business but also safeguard its intellectual property. It will block any competitor from deceiving customers into making wrong choices by passing off an identical or deceptively similar trademark that would cause confusion. In this way, through trademark opposition proceedings, a business will be able to defend its exclusive rights, enabling it to be distinctive in the competitive environment.
In this article, we will walk through the entire opposition procedure of a trademark in Meghalaya. We shall discuss the importance of such opposition for intellectual property protection and how one will be able to afford uniqueness to their brand and prohibit its infringement.
Under Section 9(1), Section 11, and Section 21 of the Trademark Act, 1999, a trademark application can be objected to or opposed if something is wrong with the trademark mark itself, thereby causing a delay in the registration process. An objection may be raised by the registrar or examiner upon observing that the proposed mark is too similar to an already registered one in the classes of registration.
In Meghalaya, a third party starts trademark opposition after the trademark is published in an official journal. Anyone having a cause of action respecting the trademark may file an opposition within four months of the publication of trademark. This process is formed to prevent infringement or violation of intellectual property rights to make sure that nobody has encroached on anyone’s rights.
There are numerous reasons why Trademark Opposition raises in Meghalaya. Some of the grounds for Trademark Opposition in Meghalaya are given below:
The Trademark Opposition in Meghalaya 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 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 Meghalaya some of these are given below:
Trademark Opposition in Meghalaya 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 Meghalaya:
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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The Trademark Opposition in Meghalaya is also a major part of the Trademark registration process in Meghalaya. Meghalaya also has several stages of TM Opposition filing of TM opposition, counter statements, reply, and hearing. Meghalaya TM Opposition helps to protect existing Trademark rights. This process grants an individual or a business complete rights to raise their Opposition and protect their brand identity.
But at the time of TM Registration, the applicant has to submit all the related documents. In case the applicant has stuck with the TM Opposition in Meghalaya so they have to submit all related and favorable statements to the registrar. To avoid these processes, the applicant can get help from a professional TM attorney.
The cost of the trademark opposition filing in Meghalaya is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Meghalaya 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 Meghalaya 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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