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A trademark gives a brand identification and distinguishes it from other products/services on the market. As a result, safeguarding it is critical if it is to retain its individual character. But what if someone prevents you from asserting your right? To do so, we must first comprehend the idea of trademark opposition.
When a trademark application is filed, a Trademark Examiner evaluates it and searches for prior trademarks that are identical or similar to the mark under consideration. The Trademark Examiner’s conclusions are compiled in the trademark examination report.
Trademark objection is a stage in the trademark registration process in which the trademark examiner objects to your application for various reasons. It is not a simple denial of your claim, but the registrar is looking for good reasons or explanations concerning the mark and its registrability. He allows the applicant to explain how the trademark meets the conditions for successful registration. This is a response to a trademark objection.
When an objection is lodged, the applicant is provided adequate notice of the objection as well as the grounds for the objection.
– The first step is to file a reply statement to the objection.
– This must be done within two months after receiving the notice of objection.
– Failure to register an objection within two months will result in the application being marked as Abandoned.
Following the filing of the counter, the Registrar may schedule a hearing; if he finds in favour of the applicant, the trademark will be registered. If he judges against the opposing party, the trademark will be withdrawn from the Journal and the registration application would be denied. At this point, the applicant has the option of filing an appeal with the Intellectual Property Appellate Board (IPAB):
– The appeal must be submitted within three months after the date of the Registrar’s order.
– If an appeal is submitted after 3 months, the petitioner must describe the cause for the delay in a petition for condonation of delay, which carries a Rs 2,500 charge. If the IPAB accepts the rationale, the appeal will be scheduled for hearing.
– TradeMarks (Applications, Appeals, and Fees to the Intellectual Property Appellate Board) Rules must be followed while submitting (hereinafter referred to as Trademark rules).
– The applicant must verify all of the paperwork.
– Every application must then be approved by the Deputy Registrar on the date that it is presented.
– If the Deputy Registrar discovers any flaws in the application, he will notify the applicant.
– The applicant must rectify the errors and resubmit the application within two months.
– If this is not done, the Deputy Registrar will consider the application to be abandoned.
– If the application is deemed to be in order, the Deputy Registrar will register it and assign a serial number to it.
If the matter is dismissed or decided ex parte, the petitioner has 30 days from the date of the judgement to submit an appeal against the earlier order. The case will be heard, and the IPAB’s decision will stand. If the applicant is dissatisfied with the IPAB’s decision, he may file an appeal with a High Court with relevant jurisdiction. Subsequent appeals to the Supreme Court of India are also possible.
Documentation required for replying to the trademark objection are as follows:
The Registrar may call for a hearing once the counter is submitted, and if he finds in favour of the applicant, the trademark will be registered. If he judges in the opposing party's favour, the trademark will be withdrawn from the Journal and the registration application will be denied.
Yes, a trademark can be modified after it has been granted by completing Form TM 38.
It usually takes 3-6 months for a response to be processed. What is the cost of responding to a trademark opposition? There is no fee charged by the government for filing a response to a trademark opposition. The legal experts, on the other hand, may charge a fee for preparing the response.
An opposition must be lodged within thirty days after the date of publication in the Trademark Official Gazette unless the Board grants an extension.
File your letter of objection as soon as possible after the application is filed, ideally before the trademark is made available for third-party opposition. Before being published, letters of protest must include evidence related to the stated reason(s) for refusing registration or issuing a requirement.
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