For Opposition of Trademark in India
15 Days
Notice of Opposition: This is a formal document filed by the opposing party, outlining the grounds for opposition and any supporting evidence.
Evidence: Depending on the jurisdiction, evidence supporting the opposition may include documents, witness statements, expert opinions, or any other relevant material demonstrating why the trademark should not be registered.
Counterstatement (Response): If the applicant chooses to respond to the opposition, they may need to file a counterstatement presenting their arguments and evidence in support of the trademark registration.
Discovery Documents (if applicable): In jurisdictions where discovery is permitted, the parties may need to exchange relevant documents and information during the discovery period.
Legal Submissions: Both parties may submit legal briefs or submissions outlining their legal arguments and interpretations of relevant law.
Any Other Required Forms or Declarations: Depending on the jurisdiction, there may be additional forms or declarations that need to be filed during the opposition process.
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If the status of the trademark application is marked as ‘objected’ it means that your application is objected, and that the Trademark Examiner has raised a query on the validity/requirements of the trademark under the Trademarks Act. The objection will be detailed in the examination report, to which a reply is to be filed.
The main difference between Trademark Objection and Opposition is that Objection is raised at a preliminary stage of the trademark registration process. Such a registration is raised by the trademarks examiner. A trademark opposition is raised by any person who has an issue with your Trademark after it has been advertised in the Trademarks Journal
Trademark Examination is conducted by the trademark examiner. It is a thorough preliminary check of Trademark Application (filed in TM-A Form). An objection can be raised by the examiner during the examination process. The examination report will cite all the conflicting marks/similar mark/grounds for refusal
A trademark examiner includes any officer in the Trademark Registry who has been given the duty of checking and examining trademark application to check if it complies with standards and guidelines of the Trademarks Act. The Trademarks and geographical indications registry recruitment rules govern the roles and duties of the trademarks registrars and examiners.
The examiner carries a thorough scrutiny to check for clerical errors and legal errors disallowed under the Trademarks Act, 1999. The examiner will check:
There is no government fee for filing the reply to the examination report.
The deadline to file trademark objection reply or Examination report Reply is thirty days from the date of issuance of the report to the applicant or thirty days of viewing the objection status online.
The Trademark examiners at Trademark registry issue the examination report.
NICE classification is an international classification of goods and services for the purpose of trademark registration. There are 34 classes of goods and 11 classes of services.
For filing the trademark in India, you should know the appropriate class of trademark in which the goods and services covered. There is a total of 45 classes of the trademark to choose for your trademark. First 34 classes (1-34) cover goods and rest 11 classes (35-45) cover services.
The intelligent TM Search will help you to determine the mark you want to register for product or services is legally available or already used by another business to ensure not to infringe someone else’s property rights. find the identical mark in the same class would restrain your mark to get registered.
To perform a free trademark search before filing the trademark application you need to know the trademark classes as per the NICE classifications; international classification of goods and services. The trademark search contains the filters to find out a similar trademark in a similar class in order to eliminate the conflicts.
Although it is not mandatory to hire an attorney for conducting a free trademark search before filing it’s advisable to seek professional help to handle the trademark search. You will get the list of the marks similar to the proposed mark along with the attorney’s legal opinion regarding the trademark registration possibilities.
A preliminary trademark search also known as knock-out search is an initial step in the trademark registration process before spending time and money for a mark. Generally, it involves the search through the trademark database either at ipindia (the government site) or quick company’s trademark data search service. It’s a quick search to determine the identical trademarks which are already registered for any products or services that are similar to yours.
However, a preliminary trademark search doesn’t ensure the registration of the proposed mark. It only shows the obvious possibilities of conflicts with identical marks.
