Know about the opposition of a trademark and rectification of the trademark register
As a business owner, you are always burdened with being credible and exclusive. To be exclusive in the market is essential, as it will not only promote the growth of your organization but will also prevent an unnecessary lawsuit. If you are new in this niche, then you should know the nitty-gritty details of trademark opposition of a trademark and rectification of the trademark register. Other than that, it is also crucial to choose a credible agency, which you can employ to take of such matters, while you can develop your company. To know more, go through the sections down below -
The process for the trademark opposition
To know about the process of trademark opposition, you can go through the section down below -
- Filing Notice of Opposition
- Filing Counter-Statement
- Evidence in Support of Opposition
- Evidence in support of Application
- Reply Evidence
After the completion of the mentioned 5 stages, a hearing will be conducted before the Registrar of Trademarks. After the hearing, the Registrar will decide if they should proceed with the registration or not. However, it will be best if you remembered that the time frame of such cases lasts between 2 to 3 years.
The process of rectification
The process of trademark rectification is done in 4 simple steps. The steps are as follows -
- Submission of documents
- Drafting of Application
- Filing the form
- Approval of the government
- The mark is prohibited under the Emblem and Names Act, 1950.
- The mark which does not possess any distinctive features or implements sign, which may serve in trade to designate its quality.
- If the mark of your organization is identical to an already registered trademark.
- If your company crafts a mark, which can hurt the religious sentiments of any class or section of any social strata.
After the initiation of this specific process, both the parties are subjected to follow the regulations suggested by the Registrar of Trademarks. Afterward, the fate of the case will be decided.
Years of Expertise
Why should you register with Muthirai?
After knowing the crucial points of the opposition of a trademark and rectification of the trademark register, comes the part of opting for a reliable agency. If you want to employ the best in this niche, then your go-to agency should be Muthirai. Why? Because our organization specializes in trademark and its various aspects, along with that, it provides comprehensible legal advice to its customers.
Furthermore, Muthirai has over 17 years of experience, so you don't need to worry about our efficiency. This, the company's motto is to provide its customers with honest, loyal, and professional service; therefore, we won't gouge a hole in your pocket by adding any hidden charges.
Frequently Asked Questions
To put it simply, a trademark opposition means an objection by a third party against the registration of a trademark. Such complaints should be made within 4 months of the advertisement of the trademark, which is subjected to the opposition. Any individual or enterprise can file oppositions, such as this.
One of the most significant aspects of trademark registration is the publication of its journal. A trademark journal is held reports of different events of trademark registration. If an application is not objected, or it is resolved after objection, then the mark will be published in the journal.
There are a few situations, for which you can face such opposition. The significant reasons are as follows - The mark is prohibited under the Emblem and Names Act, 1950.
In simple words, trademark rectification is a legal procedure, which is used to make corrections that have been previously made in the trademark registration. Such cases are filed by the party who feels violated against the one who needs to make changes in their trademark registration.