File Reply To

Trademark Opposition in India

Have your Trademark faced an opposition? Do not worry, Get in touch with Ebizfiling to file the reply / counter statement to the Trademark Opposition. Prices start from 15,500/- only.

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What is Trademark Opposition and reply to TM Opposition?

All you need to know

When you wish to register a trademark, the whole trademark registration passes through several stages. Trademark opposition is one of them. Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition.

Trademark Opposition:

  • Any person wanting to oppose a trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of advertisement of the mark.
  • It is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the notice on the other party.

Counter Statement or Reply to Trademark Opposition:

  • A counter-statement or reply to the opposition must be filed within two months.
  • There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
  • The counter- statement is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent.

Who can Oppose the Trademark?

  • If you have received notice of an extension of time to oppose, you will be notified of the identity of the potential opposer.
  • This bit of information will allow you to search any registrations and pending applications filed by the potential opposer which might form their case for a likelihood of confusion claim.

Why Ebizfiling as your Service Provider for filing counter statement / reply for Trademark Opposition?  

EbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad. Ebizfiling has very experienced and dedicated team of Trademark consultants and attorneys. Who are expert in all the services related to Trademarks including Trademark registration, Trademark rectification, Trademark Modification, Trademark cancellation, Trademark Opposition etc. To know more on Trademark services online you may get in touch with compliance manager at Ebizfiling on 09643203209 or email info@ebizfiling.com for free consultation.

Simple Prices No Surprises

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ESSENTIAL

15500/-

(All Inclusive)

  • Reply to Trademark Opposition
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ENHANCED

15500/-

(All Inclusive)

  • Evidence Submission

ULTIMATE

7500/-

(All Inclusive)

  • Final Hearing

Grounds for Trademark opposition

Points to make your decision easy

  • If the trademark is similar or identical to an earlier or existing registered trademark.  
  • If the mark is devoid of any distinctive character or is descriptive.  
  • The trademark is likely to deceive the public or cause confusion.  
  • If the mark is customary in the current language, or it is in the established practices of business.  
  • If the mark is contrary to the law or prohibited under the Emblem and Names Act, 1950  
  • The mark contains matters that are likely to hurt religious sentiments of any class or section of people.  

Process to file Counter statement / reply to Trademark Opposition in India

 

5 Easy Steps

1

Fill in the simple checklist

2

Preparing reply to Notice

3

Filing the Counter statement

4

Filing of Evidence

5

Appearing at the hearing

Fill Simple Checklist

Private limited registration

Our Compliance Manager will get in touch with you to obtain your documents along with a simple checklist. You need to fill up the checklist and submit along with the documents for the processing. Our expert team will verify documents and proceed with the filing of Counter statement of Trademark Opposition

Name Approval

Private limited registration

Once we have all the documents, we will prepare the Counter statement to the notice of the TM opposition. Once we prepare the Counter statement, we will file the same in Form TM O with Trademark registry. The Registry will review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent.

Company Registration

Private limited registration

Once the Counter notice is filed, we will file the evidences supporting our counter statement, if any. Once we have filed the counter statement and evidence, we will be notified by the registry to appear in the hearing. After the hearing, if the registrar shall decide whether the trademark is to be accepted or not.

FAQs_Ebizfiling

FAQs On Reply / Counter statement to Trademark Opposition

Get answers to all your queries

  • Where to file the Notice of Opposition in India?

    The notice of opposition should be filed at the trademark registry where the application for the conflicting mark has been filed. For instance, if the application is filed at the Mumbai office of the Trade Mark Registry, then the opposition proceedings must initiate in Mumbai only.

  • What is the time limit for filing an Opposition?

    The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of the publication of the trademark.

  • What is the timeline for filing the counter reply to the TM Opposition?

    A counter-statement or reply to the opposition must be filed within two months. There is no extension to file a counter-statement.

  • What is the timeline for filing the Evidence in support of my counter statement? Can I waive off my right?

    Within two months of receiving evidence/intimation of waiver by the Opponent, the Applicant has to file evidence in support of his counter-statement /application. The Applicant also has an option to waive his right to submit any evidence.

  • Which Cities do you provide your services?

    Ebizfiling.com provides its services all across India. You can make Trademark Withdrawal in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.

  • Have some queries?

    Our expert will help you in choosing the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@ebizfiling.com or call us @+91 9643 203 209.

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