Updated on October 16, 2024 08:18:20 AM
Trademark opposition is the crucial step in Nagaland while doing the trademark registration process. TM opposition in Nagaland provides security to their unique brand identity on their solo right to prevent piracy. This legal process also helps to make the uniqueness and advertise to perform differently in a competitive marketplace.
Whether you are a business owner or an individual you should have a complete understanding of this process and this helps you to protect your brand reputation in the market. In this article, you will walk through every step of this procedure and will also know the purpose.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Sections 9(1), 11, and 21 of the Trademark Act, 1999, provide for objections or oppositions to be filed against a trademark application. The problems occur during the actual registration process when the registrar or examiner finds that the applied trademark is too similar to a previously registered trademark.
The opposition in Nagaland can be filed by any third party after the publication of the trademark in the Official Journal. Any person or company that may be affected should file an opposition within four months from the date of such publication. This is mainly designed to counter intellectual property rights violations and to protect the existing rights against possible infringement.
There are numerous reasons why Trademark Opposition raises in Nagaland. Some of the grounds for Trademark Opposition in Nagaland are given below:
The Trademark Opposition in Nagaland 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 Nagaland some of these are given below:
Trademark Opposition in Nagaland 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 Nagaland:
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 Nagaland is one of the important parts of the trademark registration process. It began with the TM opposition form being filed, counter statements filed by both parties replies to them, and hearings. TM opposition is a crucial step and it is very important for the Protection of existing trademark rights and provides an opportunity for any individual or business to oppose a trademark that could affect their brand identity.
However,all necessary documentation needs to be provided by applicants during the registration process. If they are opposed, they must submit relevant and supporting statements to the registrar. But to simplify all these legal procedures and also prevent complications, applicants can leverage on the experience of a professional trademark attorney which will ensure they navigate through the process easily and effectively secure their registration.
The cost of the trademark opposition filing in Nagaland is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Nagaland 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 Nagaland 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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