Trademark Opposition Hearing
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Why Choose Us
A Trademark Opposition Hearing is an important step in Trademark Registration process to resolve the dispute between the applicant willing to get the trademark registered and the opponent who is against the registration of the trademark. In the opposition hearing, the applicant submits their counter statements against the arguments of the opponent or their attorney.
The registrar will carefully review the arguments and evidence submitted by both the applicant and the opponent. After analysis, the registrar will pass an order based on the submissions. In order to get the approval in an opposition hearing, it’s important to plan and present submissions thoughtfully while countering the claims of the opponent.
To increase the chances of getting your trademark accepted in an opposition hearing, It is better to have experienced legal counsel present to ensure the best possible outcome. At My Trademark Guide, we understand the significance of safeguarding your brand identity in today’s competitive business landscape. As a leading provider of Trademark litigation services, we take pride in offering comprehensive and seamless hearing solutions to protect your intellectual property. Here’s why choosing us is the smart and strategic decision for you:
Expertise and Experience
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What is Trademark Opposition Hearing
The trademark opposition process in India, governed by the Section 21 of Trademarks Act of 1999, allows anyone – be it a company, individual, trust, or partnership firm – to object to a trademark’s registration. This means that if someone feels that a trademark shouldn’t be registered, they can officially raise their concerns.
Once a trademark application is submitted, there’s a period where others can step forward and oppose its registration. Reasons for opposition could include the mark being too similar to existing trademarks, not being distinctive enough, or not meeting legal requirements.
Documents Required For Attending Hearing
To attend an Opposition hearing on your behalf, we require the following from you
Authorization Letter
Our team will share the format of the authorization letter. This authorization letter is necessary so we can attend the hearing and represent you.
Proofs of Use
If you are already using the mark, we will require proofs of use of the mark like invoices, advertisement expenses, turnover proofs, etc.
Statement on Impact
A statement explaining how the refusal of trademark registration will impact your rights. This is necessary as it would help us to prepare our grounds.
My Trademark Guide is your reliable partner in the trademark opposition hearing process. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the opposition process. Safeguard your rights today by choosing us!
How To Prepare For Opposition Hearing
A Brand future may depend on a trademark hearing. Hence, an important step before attending the hearing is to prepare yourself. Take the following steps to prepare yourself:
- Carefully read the notice: The first step is to carefully read and analyse the opposition notice. Try to grasp why the opponent is interested in stopping your trademark from getting registration.
- Prepare your submissions: Once you have a good understanding of why your trademark application is objected to, prepare your submissions for the objections raised.
- Give your submissions: After preparing your submission, it is important to effectively communicate the same to the Examiner of Trademarks.
- Be sensitive to the Registrar’s perspective: After giving your submissions it is important to be attentive to the registrar comments. The registrar may require you to amend the trademark application or ask to submit supporting documents, it is important to acknowledge and discuss the same.
How To Attend Hearing
Before year 2020 when Covid did not impact the world, trademark opposition hearings were conducted physically where the applicant or his agent was required to attend the hearing in person at the regional trademark office.
However, post covid era since year 2021 the trademark department designed facilities to conduct and attend the hearings through video conferencing mode. Now the hearings can be attended through remotest of location with the help of an internet connection.
You can attend the show cause hearing by visiting the link: https://ipindiaservices.gov.in/TMRDynamicUtility/CauseListForHearingCase/Index
Attending trademark opposition hearings without technical knowledge can be challenging and may reduce the chances of acceptance. My Trademark Guide makes attending the hearing and getting trademark accepted easier. Contact us today to simplify the process and increase your chances of acceptance.
Grounds Of Opposition
Oppositions can be raised for various reasons as per the Trademarks Act, 1999. Some common grounds include:
- Similarity with Existing Marks: If the new trademark looks too much like one that’s already registered, especially in the same category of goods or services, an opposition can be filed due to the likelihood of confusion.
- Descriptiveness: If the proposed trademark is too straightforward in describing the goods or services it represents, it might face opposition. Trademarks should stand out to qualify for protection.
- Deceptive Similarity: Opposition can be based on the argument that the new mark is deceptively similar to a well-known one, potentially causing confusion among consumers.
- Generic Terms: Registration may be opposed if the new mark consists of generic or commonly used terms that don’t clearly set apart the goods or services.
Countering the opponent’s submissions and claims without technical knowledge can be challenging and may reduce the chances of presenting a strong case. My Trademark Guide makes the hearing easier. Contact us today to simplify the process for you.
Trademark Opposition Process
After the Trademark is Accepted it is published in the weekly Journal available on the ipindia.gov.in. After the publication of the details of the Trademark in the journal, it is open to opposition from any third party. After publication, the Trademark is kept on hold for 4 months so that any party that would be aggrieved by the registration of the Trademark can give notice to registrar to stop the registration process.
Here’s how a third party can challenge a trademark’s registration:
- Drafting the Opposition: Write a strong opposition letter with all the reasons against the trademark registration. This letter is crucial, as it’s the first impression, and a powerful one might make some applicants reconsider.
- Sending the Notice: Send the opposition notice to the applicant. This isn’t done directly; instead, file Form TM-O with the Trademark Registrar along with the opposition letter. The Registrar will then formally notify the applicant.
- Waiting for Counterstatement: The applicant must respond to the opposition by filing a counterstatement. If there’s no reply within the set time, the trademark application is marked as abandoned. If the applicant responds, the process continues.
- Further Submissions: After the applicant’s counterstatement, the opponent needs to reply. It’s a back-and-forth process.
- Applicant’s Reply: The applicant can provide evidence voluntarily to support their case during the opposition hearings.
- Hearing: Once both parties have submitted their arguments, the Trademark department schedules a hearing. This gives both sides a chance to present their case to the Registrar, who will then make the final decision.
Role Of The Trademarks Office
The Trademarks Office plays a crucial role in the opposition proceedings. The Registrar looks at the evidence and arguments submitted by both the applicant and the opponent.
Here are possible outcomes of a trademark opposition hearing:
- Withdrawal: The parties might settle, and as a result, the opposition is withdrawn.
- Decision in Favor of the Applicant: If the Registrar doesn’t find valid reasons for opposition, the trademark application continues toward registration.
- Decision in Favor of the Opponent: If the opposition is successful, the trademark application might be rejected or limited in some way.
Difference Between Trademark Objection And Opposition
There is often confusion between the terms “objection” and “opposition” in the context of trademarks. Although these terms are sometimes used interchangeably, they carry distinct meanings. An “objection” refers to concerns raised by the Trademark Examiner regarding the application filed for registration. On the other hand, a “trademark opposition” occurs when a third party challenges the validity and registration of the trademark.
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Frequently Asked Questions (FAQs)
Trademark opposition is a legal tool that lets others voice concerns about a new trademark getting registered. This is done to make sure only unique and non-confusing trademarks get the green light for protection. It’s a way to look out for both current trademark owners and the public.
Anyone who believes they would be aggrieved if a trademark gets registered can file a trademark opposition. This might include consumers, industry groups, competitors or anyone likely to be affected by the registration of the trademark.
A trademark opposition can be filed on various grounds including similarity with other marks, descriptiveness, generic terms etc.
Trademark objection is a concern raised by the Examiner during scrutinizing the Trademark application. However, an opposition is a challenge filed by a third party to stop the Trademark from getting registered.
A trademark opposition can be filed by submitting form TM-O to the trademark department.
The trademark department usually sends the notice intimating the date of the hearing atleast 30 days before the date of hearing through email and post.
In hearing the applicant and opponent are required to submit the evidences in support of their claims.
If the department passes an order in the favour of the applicant, then the trademark gets registered.