Updated on October 19, 2024 10:18:44 AM
Trademark opposition in Odisha is an essential step involved in the Odisha trademark registration process. It ensures that the brand is owned exclusively by one party and protects the distinctiveness of goods or services from potential competitors. Anyone who believes their trademark rights are being violated can file a trademark opposition.
In this article, we will discuss the whole process of trademark opposition. In this article, we will walk through the trademark opposition process, the grounds for filing an opposition, its purpose, and the timeline for trademark opposition in Odisha.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under sections 9(1), 11, and 21 of the Trademark Act, 1999, objections or oppositions may be raised against a trademark application. The objections can delay the registration process, especially if the registrar or examiner finds that the applied trademark is too similar to an already registered one. In Odisha, a third party can oppose a trademark after the trademark is advertised in the journal. After publication, anyone or any entity may file an opposition within four months if they have concerns about potential infringement or violation of intellectual property rights. The main purpose of this process is to avoid conflicts and protect existing trademarks.
There are numerous reasons why Trademark Opposition raises in Odisha. Some of the grounds for Trademark Opposition in Odisha are given below:
The Trademark Opposition in Odisha 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 Odisha some of these are given below:
Trademark Opposition in Odisha 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 Odisha:
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 Odisha is an important part of the entire registration process. This is a long process, which involves filing a TM opposition form, filing counter statements, replies from both parties and hearings. It is a way to protect the rights of the trademark existing before by allowing starting an opposition when the newly applied trademark infringes on some aspect of the brand identity.
Applicants to Odisha need to provide all necessary documents during the registration process to navigate trademark opposition in Odisha. They have to submit favorable and relevant statements to the registrar if they are opposed. All this can be streamlined and increase the applicant’s chances of success with help from a professional trademark attorney who can help manage the opposition smoothly and more effectively.
The cost of the trademark opposition filing in Odisha is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Odisha 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 Odisha 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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