Apply for Trademark Via Le Intelligensia
How to Register a Trademark?
A trademark registration not only grants the owner an exclusive right to use the trademark, but also let the owner to prevent others from using a similar mark which is confusing for the general public. Now we will see how to Register a Trademark:
Once we submit the Trademark Application, immediately the Registry will allocate the Application Number (TM Number). Then the application will be scrutinized by the Examiners and a report would be issued. If there is any deviation, then the application would be objected and based on our reply and arguments, the registry may allow and make it published in the official gazette of the Trademark Registry.
If any third party aggrieved by the same, they can oppose the application, and we need to submit a counter statement. based on the arguments, the registry may allow the application and it may be Registered.
What is Opposition in Trademark?
Once the Trademark Application is advertised in the Trademark Journal, any third party who are aggrieved because of the said trademark application, may file opposition against the registration. The time period for filing an opposition shall be 3 months and that may be extend for 1 month on a valid reason.
Handling Trademark Opposition?
Once an opposition is filed against a Trademark Application, the application must file a Counter statement (Form TM O) against the Opposition stating the facts and points favouring Registration. Once the counter statement is filed properly, the opponent may file his set of Evidence within two months from the date of receipt of the counter statement.
If the opponent files his hide evidence, the applicant need to submit the evidences within a period of 1 month. If all these paper works are done, the register shall call both the parties or their trademark lawyers to appear before them. After hearing both the parties, the Registrar shall pass order on the same.
Who can file Trademark Opposition
Anyone, who is a real or legitimate person, can file an Opposition against a Trademark Application irrespective of commercial or personal interest against the said application. Any of the below person can file an opposition against a TM.
A Business Owner
Trademark Opposition Filing
Any party can file a Notice of Opposition (TM O) against the Registration of a Trademark Application within 4 months from the date of publication
Important Elements in an Opposition
- Details of the Trademark Application that need to be Opposed
- Details of the Applicant of the Trademark Application
- Details of the opponent
- History of the opponent mark (if any)
- Grounds of opposition
- Verification portion
Grounds for Trademark Opposition
- Trademark which is similar with an existing mark [Section 11(2)(a)]
- Trademark which is devoid of Distinctive Character [Section 11(2)(b)]
- Descriptive marks [Section 9(1)(b)]
- A mark is likely to deceive the public or cause confusion. [Section 9(2)(a)]
- A mark contains substance that are likely to hurt religious feelings [Section 9(2)(b)]