Updated on October 22, 2024 06:16:46 AM
Trademark opposition in Sikkim is one of the major steps toward building a brand identity for any business. People or businesses can thus oppose those trademarks that may eventually create confusion and harm their reputation. Knowing this process inside out can protect a business identity in the commercial marketplace
In this article, we will discuss the entire trademark opposition process in Sikkim, reasons for filing opposition, tips, and the purpose of trademark opposition.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Section 9(1), Section 11 and Section 21 of the Trademark Act 1999 permit for objection or Opposition to the applied Trademark. In these two situations, the applied Trademark can be stuck in the middle of the registration process. Objections are raised by the registrar or examiner when they see any similarities to the existing registered Trademark.
Trademark Opposition in Sikkim is raised by a Third party. When the Trademark is advertised in the journal. It is published for all, if any person or third party has any issue regarding the Trademark they can raise Opposition, within four months from the date of publication. Its main purpose is to avoid infringement or dissolving of anyone's intellectual property rights.
There are numerous reasons why Trademark Opposition raises in Sikkim. Some of the grounds for Trademark Opposition in Sikkim are given below:
The Trademark Opposition in Sikkim 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 Sikkim some of these are given below:
Trademark Opposition in Sikkim 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 Sikkim:
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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The opposition to a trademark is an important feature in the process of registration within Sikkim's legislative provision for trademarks. The opposition generally consists of several stages, including filing of the TM Opposition form, counterstatement, reply, and hearing. This is made because of protecting existing rights granted under the trademark, which are offered an opportunity to come up with objections against a specific mark for the protection of their brand identity.
All the required documents must be filed by the applicant at the time of registration. In case any opposition is observed, the candidate needs to provide statements relevant and supportive to the registrar. To make the proceeding less cumbersome, taking assistance from a professional trademark attorney is often the best option.
The cost of the trademark opposition filing in Sikkim is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Sikkim 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 Sikkim 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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