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Trademark Opposition Process in Puducherry: Complete Guide

Updated on October 19, 2024 10:39:05 AM

Trademark opposition in Puducherry is an important step while applying for trademark registration. The process allows businesses to save their distinct identity and claim their exclusive right if they find any kind of infringement with their brand. For any individual or business that wants to register their trademark in Puducherry, you need to know this process so that you can get easy registration. This article can help you by giving complete information about the process, the ground opposition, and the purpose of this procedure

Trademark Opposition in Puuducherry - Overview

Under Section 9(1), 11 and 21 of the Trademark Act, 1999, objection or opposition to trademark application can be made. In such a case, the trademark application will be delayed in the process of obtaining registration. If the registrar or examiner finds similarities in the new application to previously registrar or examiner finds similarities in the new application to a previously registered trademark, objections are usually raised.

Trademark opposition in Puducherry is initiated by a third party. Once the trademark is published in the journal it is open to the public. if any person or entity has any concern regarding the trademark they can file an opposition within four months fo the date of publication. This process is primarily designed to avoid any infringement or violation of any existing intellectual property rights.

Grounds for Trademark Opposition in Puducherry

There are numerous reasons why Trademark Opposition raises in Puducherry. Some of the grounds for Trademark Opposition in Puducherry are given below:

Confusing mark: If the applicant applied for a Trademark that already exists or is registered and may cause confusion among customers, that mark can be opposed by the third party.
Genericness: Any mark consists of the generic term, that determines any goods or service that can be denied or objected to.
Geographical Indication: If the applied Trademark indicates any geographical term such as any place name, that can’t be registered as a Trademark and can be opposed.
Well-Known Mark: Many brands in the marketplace have established a unique identity and have a well-known mark, and if an applicant applied for that mark so it is a high probability of objection.
Prohibited Symbols: if the applicant applied for a Trademark that denotes a national symbol, can raise an objection and it can’t be registered as a Trademark.
Famous Personality: Most of the marks or names symbolise many famous personalities. These types of names can be raised as Opposition because this mark can harm the reputation of that personality.
Prior User: That Trademark which is used by someone else whether it is registered or not but if they are the prior user of that mark, can raise objections for the applied mark that seems similar.

The Trademark Opposition Process in Puducherry

The Trademark Opposition in Puducherry includes many steps that are given below:

Step 1: Filing Opposition Notice

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.

Step 2: The Counter-Statement or Notification to the Applicant

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.

Step 3: Filing the Evidence

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.

Step 4: Hearing

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.

Step 5: Rejected or Registered

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.

Purpose of Trademark Opposition in Puducherry

There are several purposes of Trademark Opposition in Puducherry some of these are given below:

TM Opposition in Puducherry helps to protect the existing trademark rights.
TM Opposition in Puducherry also prevents confusion among consumers that may be caused by a similar trademark.
There are several businesses that are in a race in the market and want to enhance their unique brand identity. Here TM Opposition in Puducherry promotes fair competition among the traders or businesses.
Some product or brand has strong consumer reach and the confusing brand mark can lose that reach therefore the TM Opposition in Puducherry aids to protect consumers’ interest.
The TM Opposition in Puducherry helps in enhancing transparency. This helps another applicant while registering their trademark.

How to Avoid Trademark Opposition Process in Puducherry

Trademark Opposition in Puducherry 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 Puducherry:

The applicant has to conduct a comprehensive TM search before going to apply for the trademark application. TM search helps to give clarification about the availability of the trademark and aids to avoid the chance of objection and opposition during the registration.
To avoid the chance of trademark opposition, the applicant must hire a TM Attorney. This attorney has years of experience and they help to inform you of the complete procedure. “Litem Legalis” can be the best choice as your TM attorney.
When an individual or business wants to create a unique identity they must choose a strong and distinct mark as a trademark. It also helps to avoid the chance of opposition.
Once the trademark is completely registered, the owner must renew that trademark timely. Otherwise, that trademark can be abandoned and a chance for infringement. Timely renewable increases the chances of the future expansion of a business.

Why Litem Legalis?

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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Conclusion

Trademark opposition in Puducherry is part of the procedure of registering a trademark. It involves several stages such as filling the TM opposition, submitting counterstatements and replies, and attending hearings. This procedure also ensures that existing trademark rights are protected and that individuals or businesses can defend their brand identity by raising objections when necessary

If the applicant is applying for trademark registration, all required documents must be provided. If they oppose them, they have to submit relevant and supporting statements to the registrar. To get through this process without so many obstacles, professional guidance from a trademark attorney is often recommended in most cases.

Trademark Rectification	Assignment of Trademark	Registration Objection
Registration Opposition	Trademark Class	Trademark Renewal
Trademark Dilution	TM Registration Cost	TM Owner Rights
TM Watch Services	Show Cause Hearing	Collective Trademark

Frequently Asked Questions (FAQs)

What is the cost of Opposition filing in Puducherry?

The cost of the trademark opposition filing in Puducherry is ₹2700 for e-filing.and ₹3000 for physical filing.

What is the purpose of the Trademark Opposition in Puducherry?

The Trademark Opposition in Puducherry has many purposes such as preventing the solo rights of existing Trademarks, preventing confusion, promoting fair competition, protecting consumer interests and also enhancing transparency.

What is the timeline for Trademark Opposition in Puducherry?

When the registrar publishes the Trademark in the journal, the opponent has to file an Opposition within four months of the advertisement.

What is the process of Trademark Opposition in Puducherry?

The Trademark Opposition in Puducherry 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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