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.
- 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 email@example.com for free consultation.