Updated on October 23, 2024 11:01:51 AM
The most populous state in India, Uttar Pradesh, has a succeeding diverse business environment. In this dynamic environment, where a wide range of businesses and industries are present, trademark opposition cases are increasingly common. Trademark disputes frequently occur as businesses compete for market supremacy and work to protect their brand identities.
The topic of trademark opposition in Uttar Pradesh is explored in this article, along with the legal frameworks, business implications, and tactics used to settle disputes and guarantee successful brand protection in this state.
![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 Uttar Pradesh 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 Uttar Pradesh. Some of the grounds for Trademark Opposition in Uttar Pradesh are given below:
The Trademark Opposition in Uttar Pradesh 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 Uttar Pradesh some of these are given below:
Trademark Opposition in Uttar Pradesh 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 Uttar Pradesh:
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 Uttar Pradesh is a mandatory process for trademark registration which includes filing of TM opposition form, sending of counter-statement, responding, and attending the hearings. It is also known as one of the most crucial stages in the saving of existing trademark rights because, through trademark opposition, individuals and businesses have full legal authority to oppose the applications which cause hindrance and hurt the identity of one's brand.
Applicant must submit all necessary documents during the trademark registration. If it is already mentioned that if they were to face opposition they need to state relevant and supporting statements to the registrar Due to the complexities involved, the applicant will get the services of a qualified attorney specialized in trademarks to fasten the registration process without any adverse implications or delays.
The cost of the trademark opposition filing in Uttar Pradesh is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Uttar Pradesh 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 Uttar Pradesh 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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