Trademark opposition in India is a way in which a person can object to a new trademark before it gets registered in the trademark journal.
A person can file for the opposition within 4 months of its publication, if they fail to do so, they will lose the rights to oppose the trademark.
But do not need to worry because this article explains everything related to trademark opposition filing, process, fee, document requirements, and many more.
We will also talk about the trademark opposition process in Assam, its benefits and whom to consult for better results.
Reasons for Trademark Opposition
The reason for trademark opposition is very simple, if a person believes that the trademark of another person is way too similar to his own trademark or could cause any confusion then the person can oppose that within four months of it being published.
The idea behind it is to protect the brand identity because sometimes it can mislead people and can harm brand reputation.
Understanding Importance of Trademark Opposition In Assam
The importance of trademark opposition in Assam or anywhere in India, it is the same, if they believe the trademark is wrong, misleading and can harm brand image then they are free to oppose it.
Why It Is Important:
- Brand Identity Protection: If someone is trying to apply to register a name or logo that is similar to your own, you can prevent them from wrongfully using your brand.
- Avoids Confusing Customers: Confusion may arise to customers when trademarks are similar. Your opposition will ensure that nobody confuses another entity’s goods and services with yours.
- Stops Injurious Competition: Certain businesses will try to take advantage of putative trademarks by making their businesses look alike with names or logos. Opposition helps stop those.
- Saves Time and Money Later: It is easier and less expensive to oppose an unapproved trademark before registration than fight a case to cancel it afterward.
- Keeps Your Reputation in the Market: Opposition to a trademark is a way of maintaining goodwill and a trusted reputation of your business in the market.
File Trademark Opposition Online: Complete Process
Follow these simple steps to file a trademark opposition online with a detailed explanation of each and every aspect.
Step 1: Check Trademark Journal
The initial step to trademark opposition filing in India is to check whether the trademark is published in the journal and is it eligible for opposition or not
This you can check is via the official government website which is (https://ipindia.gov.in) the official IP India website.
Step 2: File Notice For Opposition
Now that you’ve confirmed that the trademark is published, you need to file TM-O Form with the trademark registry in both ways online and offline.
This form contains information like name, business details, address, and more.
Step 3: Documents Preparation
The second step is more important because with proper documentation your chances will be high to oppose them with proper proof.
You will need these documents:
- Identity & address proof of the opponent (if individual)
- Company detail (if company is opposing)
- Power of attorney if filing through agent/lawyer
- Evidence of prior use of trademark.
- Additional evidence (brand reputation, sales figures)
Step 4: Official And Consulting Fee Structure
There are two types of fees you may have to pay: the first one is the government fee and the counseling fee.
- Government Fee: ₹2,700 (Online Filing) & ₹3,000 (Physical Filing)
- Consultancy Fee: ₹6,000 (30 DAYS FROM THE DATE OF RECEIVING OPPOSITION NOTICE)
Step 5: Counter Statement
Here the trademark application has a time limit of two months to submit their counter statement in response to trademark opposition.
If they fail to respond within the given time period, the opposition have the upper hand to succeed.
Step 6: Hearing
In this step the registrar calls both the parties to the hearing and puts their evidence and arguments in front of the officials.
After hearing both parties the registrar will provide a final decision either in your favor or opposite.
Step 7: FInal Decision
If the opposition is successful then the trademark application is refused. If the opposition fails then the trademark gets registered in the trademark journal in the name of the applicant.
Trademark Opposition Process in Assam
The process of trademark opposition is not different in Assam; it’s the same process that applies everywhere. But here you have a benefit: you can hire a legal consultant agency like Regible Corporate Advisor LLP, which can provide you the legal help to ease your process for opposing the trademark registration. They will help you fast-forward your process in a legal way to get it done as quickly as possible. They are among the top legal consultancy service providers in Guwahati Assam providing services since 2021.
Conclusion
This complete blog is written in a way to provide complete information related to the trademark opposition process and its benefits. After reading it completely you will gain the knowledge of trademark opposition, why it’s necessary, who can file opposition and many more points.
If you still have any questions related to this topic feel free to contact us. We are here with you to provide you any help possible related to legal entities like Trademark Registration, Society Registration, Company Registration and many more.
FAQs
How to check trademark opposition?
You can check this by visiting the official website of IP India and can use your application number to search for your current status.
Can anyone oppose a trademark?
Yes, any person can oppose a trademark in India if they believe it is causing any misunderstanding to its brand and identity.
How to file opposition for a trademark?
You can file it either online or offline. For your convenience, you can file online, but there are some points where you have to be physically there for that.
What is the government fee for trademark opposition?
The government fee for trademark opposition is 3,000 rupees only.
How long will the trademark opposition take?
It typically takes around 2 to 4 years or even more to be fully resolved. There are various factors including in this situation that can extend the time even further.
