Filing for 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 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.
Procedure for filing notice of opposition
- A notice of opposition on a prescribed form TM-5 can be filed by a third party within 4 months after the trademark is published in the trademark journal.
- This notice should contain details such as details of the trademark, details of the opponent and the grounds on which the opposition is being filed.
- The trademark owner must file a counter-opposition to the notice of opposition by a third party within 2 months from the date of the notice of opposition.
- Along with the counter-opposition the applicant must file an affidavit and produce evidence. At this stage both the parties will be allowed to file evidence before the registrar.
- The Registrar may call for a hearing after examining the notice of opposition, counter-opposition and all the evidence produced before the Registrar. Within 14 days after receiving the notice, both the parties are required to file a notice of their intention to appear for the hearing, after which the Registrar will determine the merits of the case.
- If the Registrar finds no merit in the opposition filed by the third party, then the trademark will be registered and a registration certificate shall be issued. However, if the Registrar decides the case in favour of the opposition, then the trademark application will be rejected.
Service Delivery Process followed by White Code Legal:
- The Client has to register themselves on our website.
- Once the Client is registered, we raise a Service Request.
- The Client receives a proforma invoice with an option to confirm and pay now or pay later
- Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients shares a list of client information required to deliver the service.
- Once we receive the information, we take the required steps to deliver the service and the service request is closed.
Service Inclusions
Service Exclusions
- GST, Government Fee and other Additional Taxes
Why White Code Legal?
At White Code Legal we prioritize and always strive to deliver client satisfaction. Keeping focus on maintaining affordable prices and delivering excellence we aim to make worth every penny our clients spend with us, and build a lasting relationship with them.
