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Trademark Opposition

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₹.5899

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Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of government fee and service tax.

₹.7899

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Drafting and filing of opposition notice. For trademark applications NOT filed by IndiaFilings. Inclusive of government fee and service tax.

₹.12899

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Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and service tax.

Trademark opposition registration in Dhone

Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition's trademark in the journal.

Who can oppose a Trademark Application in India?

Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of his commercial or personal interest in the matter.

A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.

Who decides whether the trademark should be abandoned or registered?

After a trademark opposition is filed, both parties need to conclude whether the trademark should be abandoned or registered. However, there is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while defending the trademark lies in the trademark registrant's hands

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All Inclusive Pricing - No Hidden Fee

Basic

₹.5899

all inclusive fees
Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of government fee and service tax.

Standard

₹.7899

all inclusive fees
Drafting and filing of opposition notice. For trademark applications NOT filed by IndiaFilings. Inclusive of government fee and service tax.

Premium

₹.12899

all inclusive fees
Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and service tax.

What documents are required for registering a propritorship in India?

For opposing a trademark Form, TM-5 must be filed by the opponent. As per the application, the opposition of the trademark must be filed in the appropriate trademark office. The TM-5 form must contain the following details:

Details about the trademark application

Details about the opposing party

If the opposition is filed by the trademark owner of an earlier mark: Name and address of the trademark owner and an indication that he is the trademark owner of such trademark.

If a trademark licensee files the opposition: Name and address of the trademark licensee along with an indication that he or she has been authorized to enter the opposition.

If a successor files the opposition to the registered trademark owner: Name and address of the successor and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or where this information is not available, was sent to the appropriate office.

If a party outside India files the opposition: Name and address the opposing party and address India's service.

The trademark opponent or an authorized person who is acquainted with the case's facts should sign the notice of the opposition.

A trademark opposition can be raised under different sections like the absolute grounds, relative grounds, prohibited mark, or even concerning the opposed trademark's proprietorship.

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

Proprietorship Registration in State

Proprietorship Registration in City

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