Updated on October 19, 2024 11:11:45 AM
Trademark opposition in Punjab is an important step for any firm and business that wants to create a strong brand identity presence on commercial grounds. It allows businesses to challenge any trademark that may cause infringement during the registration process. It ensures that there is fair competition going on, and at the same time, it encourages new and different creations that would enable the consumers to choose without confusion.
In this article, we will discuss the trademark opposition process in Punjab in detail, how it works, the grounds for opposition, and its purpose.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Objection or opposition to a trademark application is provided under Section 9(1), Section 11, and Section 21 of the Trademark Act, 1999. In such cases, the trademark application can be delayed during the trademark registration process. Objections are usually filed by the registrar or the examiner if they feel that the applied trademark is too similar to an already registered one
Trademark opposition is usually filed by a third party in Punjab. After the trademark is advertised in the journal, it becomes open for public inspection. In case of any objections regarding the trademark on any ground and on behalf of any third party, it has to be filed within four months of its publication. The main purpose of this process is to avoid any infringement or violation of present intellectual property rights
There are numerous reasons why Trademark Opposition raises in Punjab. Some of the grounds for Trademark Opposition in Punjab are given below:
The Trademark Opposition in Punjab 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 Punjab some of these are given below:
Trademark Opposition in Punjab 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 Punjab:
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 Punjab plays an important role in the entire trademark registration procedure. It includes several steps like filing the TM opposition, counter-statement, filing replies, and attending hearings. This process protects pre-existing trademark rights and allows businesses or individuals to object and protect their brand identity.
While filing an application, applicants need to submit all the necessary documents. In they are opposed, they submit relevant and supporting statements to the registrar. These steps may further be followed smoothly and avoid complications, it is often best to contact a professional trademark attorney.
The cost of the trademark opposition filing in Punjab is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Punjab 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 Punjab 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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