A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.
You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.
You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.
Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.
A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.
A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.
Documents Required To File A Trademark Opposition
-The copy of Trademark to be opposed.
-The reason for opposition.
The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.
The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.
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