File Reply To Trademark Opposition
Have your Trademark faced an opposition? Do not worry, Get in touch with Incorpadvisor to file the reply / counter statement to the Trademark Opposition.
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WHAT IS TRADEMARK OPPOSITION
When you wish to register a trademark, the whole trademark registration passes through several stages. Trademark opposition is one of them. Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition.
TRADEMARK OPPOSITION:
- Any person wanting to oppose a trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of advertisement of the mark.
- It is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the notice on the other party.
WHO CAN OPPOSE THE TRADEMARK?
- If you have received notice of an extension of time to oppose, you will be notified of the identity of the potential opposer.
- This bit of information will allow you to search any registrations and pending applications filed by the potential opposer which might form their case for a likelihood of confusion claim.
REPLY TO TRADEMARK OPPOSITION:
- A counter-statement or reply to the opposition must be filed within two months.
- There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
- The counter- statement is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent.
Grounds For Trademark Opposition
Points to make your decision easy
- If the trademark is similar or identical to an earlier or existing registered trademark.
- If the mark is devoid of any distinctive character or is descriptive.
- The trademark is likely to deceive the public or cause confusion.
- If the mark is customary in the current language, or it is in the established practices of business.
- If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950
- The mark contains matters that are likely to hurt religious sentiments of any class or section of people.
OUR PROCESS FOR REPLY TO COUNTER
STATEMENT / REPLY TO TRADEMARK
OPPOSITION IN INDIA
Provide the required business details and information to our web portal.
Choose a package and pay online with different payment modes available.
On placing an order, your application will be assigned to one of our dedicated professionals.
Our professional will file the counter statement.
Upon verification, Our team will be filing the evidence.
At last now you need to appear at the hearing.
INBOX NOW COMPLETE LIST OF DOCUMENT REQUIRED
Plans And Pakeges
Basic
Rs.5499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- (2 Indian Directors, 2 Shareholders and Authorised Capital of Rs. 1,00,000)
Standard
Rs. 7499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Commencement of Business
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- PF Registration
- ESI Registration
- GST Registration
- GST Invoice software
- Documentation Kit
Premium
Rs. 11499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Commencement of Business
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- PF Registration
- ESI Registration
- GST Registration
- GST Invoice software
- Documentation Kit
- Website**
- Online Payment Gateway
- (2 Indian Directors, 2 Shareholders, and Authorised Capital of Rs. 1,00,000)
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Frequently Asked Questions
Q. Where to file the Notice of Opposition in India?
The notice of opposition should be filed at the trademark registry where the application for the conflicting mark has been filed. For instance, if the application is filed at the Mumbai office of the Trade Mark Registry, then the opposition proceedings must initiate in Mumbai only.
Q. What is the time limit for filing an Opposition?
The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of the publication of the trademark.
Q. What is the timeline for filing the counter reply to the TM Opposition?
A counter-statement or reply to the opposition must be filed within two months. There is no extension to file a counter-statement.
Q. What is the timeline for filing the Evidence in support of my counter statement? Can I waive off my right?
Within two months of receiving evidence/intimation of waiver by the Opponent, the Applicant has to file evidence in support of his counter-statement /application. The Applicant also has an option to waive his right to submit any evidence.
Q. Will you provide this service in my town?
Yes Incorpadvisor is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done
Q. Do I need to physically present for the process?
No, You don’t need to be physically present for the process, Incorpadvisor is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.
Still have questions?
I you can’t find answers to your questions in our FAQ section, you can always contact us. We will get back to you shortly.
