Updated on October 16, 2024 07:16:25 AM
Trademark opposition in Mizoram forms the basis for protecting its Unique brand identity. The main reason is to ensure that no brand imitates another one in this competitive market of today. As a trademark owner, it is important to understand the importance and the process of trademark opposition so that you can help your brand’s reputation and legal standing.
In this article, we will cover the complete process and importance of trademark opposition in Mizoram and its importance. Some tips have also been given in this article that help the applicant avoid this procedure and get easy TM registration in Mizoram.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under section 9(1), 11 and 21 of the Trademark Act, 1999, objections or oppositions to a trademark application may be filed. If there are objections to the proposed trademark, these objections can delay the trademark registration process. The examiner or registrar may object to the applied trademark if it resembles any other trademark already applied.
In Mizoram, a third party can raise a trademark opposition after the trademark is published in an official journal. Any person or other entity that feels concerned with the trademark may file an opposition to the trademark within four months from the date of the publication. The main goal of this process is to protect intellectual property rights and to stop the misuse or infringement of existing trademark.
There are numerous reasons why Trademark Opposition raises in Mizoram. Some of the grounds for Trademark Opposition in Mizoram are given below:
The Trademark Opposition in Mizoram 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 Mizoram some of these are given below:
Trademark Opposition in Mizoram 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 Mizoram:
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 Mizoram is an important step in the trademark registration process. It involves some major steps such as filling out the TM opposition form, counter-statement filing, reply submission, and attending hearings. The TM opposition process protects preexisting trademark rights by allowing the individual or businesses to oppose any trademark that potentially violates their own, thus safeguarding their brand identity
All necessary documentation must be submitted during the trademark registration. If opposition is raised, they must furnish supporting and favorable statements to the registrar. Applicants can also find help from a professional trademark attorney to make this process work a little bit smoother, mitigate risks of opposition, and hopefully increase the likelihood of a successful trademark registration.
The cost of the trademark opposition filing in Mizoram is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Mizoram 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 Mizoram 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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