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TRADEMARK OPPOSITION

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Trademark Opposition Process

Trademark Opposition Process

Filing and prosecution of trade mark opposition, is one of the most significant remedies available with the brand owner for protecting his or her trade mark.

After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). Trademark opposition filings can be done only at the Trademark Registrar’s office and cannot be taken directly to a Court or the Appellate Board (IPAB). If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the trademark will be registered.

A person who receives opposition against his filed application can also seeks the services of CA4GLOBE for saving the applied brand name. In case of opposition defendant is required to file the counter statement within 2 months from the date of receipt of opposition. Counter statement plays a crucial role in this activity which needs due professional care and a point to point reply of the opposition letter. In normal course it takes 15 days to prepare a effective draft counter statement, once filed and accepted by the department will leads to successful registration of brand name.

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