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Trademark Opposition in Uttarakhand

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Expected To Be Complete* : 16 Oct 2023

LIST OF DOCUMENTS REQUIRED FOR TRADEMARK OPPOSITION: IN UTTARAKHAND

  • Business or Individual KYC for trademark opposition

  • Signed power of attorney

  • Signed affidavit

  • Grounds for applying trademark opposition

DELIVERABLE UNDER TRADEMARK OPPOSITION: IN UTTARAKHAND

  • Application of trademark opposition

PROCESS OF TRADEMARK OPPOSITION: IN UTTARAKHAND

Step-1 Collection of documents and details regarding trademark opposition 

Step-2 Drafting of opposition application by the expert 

Step-3 Online filing of trademark opposition

SERVICE DELIVERY TIME: IN UTTARAKHAND

  • 12 days post submission of documents

Trademark Opposition in Uttarakhand : A Comprehensive Guide for Businesses

As a business owner, you're probably aware of the importance of protecting your brand. A trademark is a unique symbol, design, or word that identifies your goods or services and sets them apart from those of others. But obtaining a trademark is not an easy process, and there may still be legal challenges after you obtain one, such as trademark opposition. In this article, we'll provide a comprehensive guide to trademark opposition, including its process, grounds for opposition, and how to respond to it.

What is Trademark Opposition in Uttarakhand ?

A trademark opposition is a legal proceeding that allows a third party to challenge the registration of a trademark. Essentially, it's an opportunity for someone else to object to your trademark registration before it becomes official. Anyone who believes that your trademark should not be registered can file an opposition, including competitors or members of the public. Opposition can be based on various grounds, including:

1. The trademark is too similar to an existing trademark.

2. The trademark is descriptive and lacks distinctiveness.

3. The trademark is generic and cannot be exclusively owned.

4. The trademark is misleading or deceptive.

Trademark Opposition in Uttarakhand Process

The trademark opposition process begins when a third party files a Notice of Opposition with the relevant trademark office. The notice must be filed within a specific period, usually, 30 days after the trademark application is published for opposition. The notice should include the grounds for opposition and any evidence to support the claim.

Once the notice of opposition is filed, the trademark applicant has an opportunity to respond by filing a Counter-Statement. The counter-statement should address the grounds for opposition and any evidence presented. If the counter-statement is not filed within the specified time, the trademark application will be deemed abandoned.

After the counter-statement is filed, the trademark opposition process continues with discovery and evidence exchange. This is an opportunity for both parties to gather and exchange evidence, including documents and witness statements. The parties may also engage in settlement discussions or mediation to resolve the dispute.

If the opposition is not resolved through settlement, mediation, or other means, the opposition will proceed to a hearing. The hearing is typically conducted before a trademark tribunal, which will consider the evidence presented and make a decision on the opposition. If the opposition is successful, the trademark will not be registered. If the opposition is unsuccessful, the trademark will be registered.

How to Respond to Trademark Opposition in Uttarakhand

If your trademark application is opposed, it's crucial to take the opposition seriously and respond promptly. Failure to respond may result in the abandonment of the trademark application. Here are some steps to follow when responding to trademark opposition:

1. Review the Notice of Opposition and the grounds for opposition.

2. Consult with a trademark attorney to assess the strength of the opposition and develop a response strategy.

3. File a Counter-Statement that addresses the grounds for opposition and any evidence presented.

4. Participate in the discovery and evidence exchange process to gather and present evidence to support your case.

5. Consider settlement discussions or mediation to resolve the dispute.

6. Prepare for the hearing, including gathering evidence, preparing witnesses, and presenting arguments.

FAQs of Trademark Opposition in Uttarakhand

  • Trademark Opposition arises at the time where the proposed trademark is opposed by a third party that can be made by any individual or any company whose Trademark is Registered, with the intention of protecting the misuse of any brand names
  • Opposition for a trademark is made when the registrar accepts the Trademark application and publishes it in the official trademark journal.
  • A Trademark Opposition is made at the time where the proposed Trademark is published or republished in the official gazette of the trademark journal within 4 months from the date of the trademark being published.
  • The opposition can be filed by Trademark form TM – O which should contain trademark registration application number, class of good or service and name of the applicant of Trademark. It should also contain details about the opposing party and grounds of opposition along with prescribed fees.
  • After the opposition notice is filed the same should be sent to the Trademark Applicant. Within the period of 2 months, the applicant must file a counter statement for the same.
  • The opponent party should submit evidence in support of his statement within 2 months in the form of an affidavit, he can even submit the same in writing to the registrar. Failing to do this, the opposition is treated as abandoned.
  • After the evidence is submitted by the opposite party, the applicant should also submit proof for his statement within 2 months. If he fails to submit, the registrar will treat the application as deemed to be abandoned.
  • After both the parties have filed their piece of statements, the registrar will call for a hearing statement of both the parties. After hearing both the parties, the registrar will come up with an accurate judgement.
  • If the judgement is in the favour of the Trademark Applicant, the registrar will continue with the further process of issuing the trademark certificate. If the judgement is in the favour of the opposing party then the trademark application will be cancelled.
  • If the applicant fails to do so, the Trademark application is deemed to be treated as abandoned.
  • If the parties want to pause or adjourn the hearing before 3 days from the date of hearing, it can be made by filing form TM – M with the prescribed fees of Rs 900. It is allowed that maximum of 2 adjourns can be made and it shall not be restricted to not more than 30 days.
  • The fees for applying for opposition for a trademark is Rs 2700 for online filing and Rs 3000 for filing physically.
  • The Trademark Opposition must be filed with the registry where the application for Trademark was made. The Registration office for a Trademark is located in Delhi, Chennai, Ahmedabad, Mumbai and Kolkata.
  1. The opposition of notice.
  2. Notice of counter-statement made for the opposition.
  3. Proof in support of opposition by the opponent party.
  4. Proof in support of the application by the applicant.
  5. Opposition hearing statement.
  6. Adjournment of hearing.
  7. Notice order from the registrar for the opposition.

 Assignment of a Trademark is a transfer or sale of the logo, brand name ownership from the original owner to another owner with or without transfer of goodwill. It is a written document that relates to the transfer of ownership rights according to the Trademark Act, 1999.
The owner who Transfers the title is called an assignor and who receives the tile is called an Assignee.
 

  • The person who assigns his trademark will be able to encash his brand name.
  • It is beneficial for buyers of Trademark, as it is already established and it has popularity.
  • Assignment of Trademark helps in the expansion of business. These are the benefits included in the Assignment of the Trademark.

In the case of Assignment of a Trademark, there is a change in the ownership of the registered brand and in the case of Transmission, the right of the Trademark remains with the original owner, but there are only certain restricted rights to use the brand.

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