Trademark is undoubtedly one amongst the prime economical rights and its implication accelerates and materializes into the core issue once the competition adopts a similar or identical mark where Trademark Opposition in India plays an important role. A trademark once it’s registered is entered within the register records that may be a statutory requirement and is maintained with the Indian Trade Marks register.
The purity of the Register is of important concern and it’s for this reason that the Indian Trade Marks Act, 1999 has in situ a 3 tire scrutiny procedure to make sure the purity of the register. the primary scrutiny is conducted by the Trademark workplace coin moto whereby it searches the trademark information base and checks whether or not there area unit the other similar or identical marks and problems workplace actions if any. The trademark registration procedure in the Asian nation will move ahead only the aforementioned workplace actions area unit overcome by filing an acceptable response to constant and if the Registrar of Trade Marks isn’t glad about the aforementioned response, the mortal is supplied with another chance by means of hearing and consequently the Registrar decides with that.
Who can file trademark opposition?
According to Section twenty-one of the Trademark Act, “any person” will file a trademark notice, regardless of business or personal interest within the matter. The question of the legitimacy of the opponent does not arise in trademark registration. Hence, trademark opposition filing will be filed by a client, member of the general public, or competition or the other person. Also, the person filing the trademark opposition needn’t be a previous registered trademark owner.
Procedure for Trademark Opposition
Trademark is mostly words, phrases, logos, and symbols employed by a producer or service provider to establish their merchandise. or service. The process for trademark registration is extended and includes promotional material of the mark within the Trademark Journal. throughout the trademark promotional material or re-advertisement of an application for registration, someone might initiate trademark opposition proceedings below the Trademark Act of India If a trademark opposition is raised, the opposing party can have the choice to be detected and also the trademark application can have the choice to even be detected and reply to the opposition. during this article, we glance at the procedure for trademark opposition in India.
Grounds for Trademark Opposition
A trademark opposition is often raised on numerous grounds by someone. the subsequent area unit a number of the grounds for trademark opposition in India:
- The trademark is similar or clone of an earlier or existing registered trademark.
- The trademark is an empty distinctive character.
- The trademark is descriptive in nature
- The trademark registration application is created with unhealthy religion. The trademark is customary within the present language and or within the established practices of a business.
- The trademark is probably going to deceive the general public or cause confusion.
- The trademark is contrary to the law or prevented by law.
- The trademark is prohibited below the logo and Names Act, 1950.
- The trademark contains matters that area unit probably to harm non-secular feelings of any category or section of individuals.
Trademark Opposition process
After promotional material of a trademark in the Trade Marks Journal, any individual will oppose the registration of the trademark for an amount of three months (which could also be extended by an amount not exceptional one month). Trademark opposition filings are often done solely at the Trademark Registrars workplace and can’t be taken on to a Court or the appellant Board (IPAB). If a trademark opposition is undefeated, the registration of the trademark is refused. If the trademark opposition application is rejected, the trademark is registered.
If the Registrar decides in favor of the trademark somebody, the trademark shall be registered and the trademark registration certificate issued. If the Registrar decides in favor of the opposing party, then the trademark registration application shall be thought-about to be rejected. each the trademark somebody and opposing party have the choice to be detected by the property proceedings assembly, if necessary. For trademark registration in India, visit SetyourBiz.com.