Trademark Opposition

Trademark registration is one of the most important  intellectual property protection right , under which a word or special symbol ,or business tag line is used by a business to differentiate  it goods or services from other similar goods or services come up  from any different business can be registered or protected. For registered a trademark, a trademark application must be filed by an applicant with the relevant Trade Mark Registry in the prescribed procedure specified by the department of trademark.

When a trademark application is filed by an applicant, then the officer who is authorised by the trademark registry in this regard to be treated as trademark registrar process the applicant application and issue an Examination report.

Among the upcoming consequences, the Trademark Examination Report can allowed  to the applicant trademark application to be accepted and  advertised before registration or raise an objection for registration.

When in case if the Trade Mark Registrar approve an application of applicant  for  “Accepted & Advertised”  in the Trademark Journal before registration of  trademark , any person in the Public is allowed an opportunity to  make an application to the trademark registry for oppose the registration of the mark – if a individual  or body corporate or proprietor  or any other entity  feels that registration of that mark would not be fair for them . In that type of cases, a trademark can be opposed. On filing an trademark opposition, the trademark applicant is required to file a counterstatement in a written form with proper sufficient evidences along with prescribed government fees   to the Trademark Registry within 2 months of opposition notice.

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