Important Elements Of Trademark Opposition Procedure

By Author: Ajay Goel
Total Articles: 11
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For any flourishing corporation or a business house, a trademark is considered as the premier economical right. The main competition arises when the toughest market competitor, chooses a similar or identical trademark name. The trademark could only be advertised in the Trade Marks Journal, after the approval from the Registrar of Trade Marks. On the advertised trademark, any individual can initiate trademark opposition proceedings, as per the Trade Marks Act, 1999, Section 21. For filing the trademark opposition, there is a prescribed period of 3 months, which is extendable by a period of one month that with the approval by the Registrar on the request of the opponent.

The three months for the advertisement of the newly registered trademark in the Trademark Journal is the time for the third-party to oppose the registration of the Trademark. The three months are counted from the date when the Trademark Journal is made available to the public. Generally, the third-party opposing the registration of the trademark are either the owner of the applicant of similar trademarks for the same line of products and services, or The ...
... one using a similar trademark for dealing with clients but, have not filed an application for the registration of the same. The procedure of the trademark opposition includes counter statement, evidence in support of the opposition, evidence in support of the application, and evidence in reply. The entire proceeding is conducted before the respective office of the Registrar of Trade Marks. The place of filing of the trademark application plays a vital role in the jurisdiction. Form TM-5 is to be filled and submitted by the opposing party, and the Registrar will provide copy to the Applicant. The receipt of the Notice of Opposition is important to avail the copy to the Applicant in due course.

The elements of the Trademark Opposition procedure are as explained below:
• Counter Statement: The applicant is required to file a Counter Statement in Form TM 6 within two months from the date of receiving the Notice of Opposition. If the same is not filed within the predetermined deadline, the trademark application by the applicant gets automatically invalidated. After filing, the registrar serves a copy of the same to the opponent.

• Evidence in support of Opposition: On the other hand, the opponent has the same time of two months to file the Evidence in Support of Opposition through an Affidavit. In addition to this, the opponent also has the option to give in writing about his intention not being to file evidence as the facts stated in the Notice of Opposition are reliable. Same way, if the opposition party takes no action within the stated time, the trademark opposition by default will be invalidated.

• Evidence in support of Application: The copies of the affidavits, filed by the opponent, are handed to the applicant or are intimated by the Registrar of Trademarks about the 2 months of time for filing evidence in support of the application.

• Evidence in Reply: For fling the evidence in reply, the opponent has time of one month after receiving the evidence in support of the application.

After the above mentioned procedure, a notice to both the parties, regarding the oral hearing, is provided. To notify the Registrar, about their intention to appear in the matter, both the parties have fourteen days after the receiving of the notice. Finally, on the settled date, the matter is heard by the Registrar and decision upon the merits of the case is duly provided.

For more information about Trademark, Trademark Service, Trademark Registration, TM Search, Trademark Application Process, Trademark Renewal, Registration of Trademark, Filing Trademark Application, Trademark Opposition visit our website at: http://www.trademark-ilc.com/