Updated on October 19, 2024 04:09:05 PM
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
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.
There are numerous reasons why Trademark Opposition raises in Puducherry. Some of the grounds for Trademark Opposition in Puducherry are given below:
The Trademark Opposition in Puducherry 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 Puducherry some of these are given below:
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:
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 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.
The cost of the trademark opposition filing in Puducherry is ₹2700 for e-filing.and ₹3000 for physical filing.
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.
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 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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