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All You Need to Know

What is Trademark Opposition and reply to TM Opposition?

The process of trademark registration includes multiple stages, with trademark opposition being a key phase. In India, trademark opposition takes place after the registrar approves the trademark application on the basis of distinctiveness and publishes it in the journal for any third-party objections.

Trademark Opposition:

  • Anyone wishing to oppose a trademark must submit a notice of opposition on the official form and pay the required fee within four months of the trademark’s publication.
  • To challenge a trademark, you need to file a notice of opposition along with the prescribed fee within four months from the date of the trademark’s advertisement.

Counter Statement or Reply to Trademark Opposition

  • You must file a counter-statement or reply to the opposition within two months.
  • A counter-statement must be filed within two months; otherwise, the trademark application will be considered abandoned.
  • The Registry will first review the counter-statement for compliance and then send it to the Opponent if all requirements are met.

Who can Oppose the Trademark?

  • If you receive a notice of extension of time to oppose, you will be informed about the identity of the potential opposer.
  • This information allows you to search for any existing trademarks or pending applications by the potential opposer that could be used to support their claim of a likelihood of confusion.

Why Trust My File Tax for Trademark Opposition?

My File Tax is a leading business platform offering comprehensive services for trademark-related matters. Our experienced team of trademark consultants and attorneys is dedicated to providing expert support for all aspects of trademark services, including registration, rectification, modification, and opposition. With My File Tax, filing your counter-statement or reply for a trademark opposition is seamless, efficient, and affordable. We are committed to delivering top-notch legal services and helping you navigate the complexities of trademark opposition. For expert assistance with your trademark needs, contact us at +91 72074 46677 or email Kbharthca@gmail.com for a free consultation.

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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

Complete a Simple Checklist

We will contact you to gather your documents and provide a checklist for completion. Once you fill out and submit the checklist with your documents, our team will verify them and file the counter-statement for the trademark opposition.

 

 

 

Draft and Submit the Counter-Statement

With all documents in hand, we will draft the counter-statement for the trademark opposition notice and submit it using Form TM-O to the Trademark Registry. The Registry will review it, and if everything is in order, they will forward the counter-statement to the Opponent.

 

File Supporting Evidence and Attend the Hearing

After the counter-statement is filed, we will prepare and submit any supporting evidence for the case. We will then manage the hearing process and, following the hearing, the Registrar will decide on the outcome of the trademark opposition.

 

 
 

FAQs On Reply / Counter statement to Trademark Opposition

To file a Notice of Opposition in India, you need to submit the form to the Trademark Registry Office where the trademark application is filed. This can be done online through the Trademark Registry’s official website.

You must file the Notice of Opposition within four months from the date the trademark is advertised in the Trademark Journal.

You must file your counter-reply to the Notice of Opposition within two months from the date you receive the notice. This period cannot be extended.

After filing the counter-statement, you have a period of two months to file evidence in support of your counter-statement. This period cannot be waived or extended.

We offer our services for trademark-related matters in major cities across India, including Mumbai, Delhi, Bangalore, Chennai, Hyderabad, and others.

About Us

At My File Tax, we simplify complex legal, financial, and compliance requirements for businesses and individuals. Whether you’re starting a new venture, managing existing operations, or ensuring regulatory compliance, we’ve got you covered. From company registrations (Private Limited, LLP, OPC, and more) to GST services, trademark registrations, accounting, and payroll management, our expert team ensures seamless execution tailored to your needs.

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