Applying for extension of time for filing notice of opposition
A trademark is the unique identity of a business that helps its product and services standout from other products. It can be in the form of a photograph, logo, word or a combination of color and graphics. It is imperative to get these unique identities registered, as it is the ‘Intellectual Property’ of the business. Registering a trademark allows a company to protect their brand from trademark infringement.
The Trademarks Act, 1999 was enacted by the Government of India to protect the users of trademark. It aims at protecting the trademark users and providing legal remedies if their rights are infringed. Trademark helps in identifying the true owner of the product/service; and it protects the trademark user from Trademark Piracy by preventing any unauthorized usage of it by anyone apart from the owners of the product/service.
When can you file an opposition?
Once the examiner conducts an examination of the registration application for the trademark and is satisfied that the trademark is distinctive, the trademark will be published in the trademark journal. The main purpose of publishing the trademark is to allow a third party to view details of any trademark and file an opposition if the trademark is already registered.
How can you file an application for extension of time?
Usually, the notice of opposition may be filed within three months after the trademark has been published in the Trade Marks Journal and is extendable by one month. Whenever a notice of opposition has been filed after three months but before the expiry of four month, it should always be accompanied by a request for extension of time of one month and the applicant must give sufficient reasons for the delay in filing the opposition. This notice of opposition must be filed at the trade mark registry where the trademark has been published.
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