Do you want to oppose the registration of a trademark that has been published in the Trademark Journal? Or has your trademark application been objected to and you need to file a counter-statement? We've got you covered! Our trademark opposition and opposition reply services make it easy for you to protect your brand.
Filing an opposition can help prevent the registration of a trademark that may be confusingly similar to your own or that may otherwise harm your brand. On the other hand, if your trademark application has been objected to, filing a counter-statement can increase your chances of successfully registering your trademark.
Our trademark opposition and opposition reply services are simple and straightforward. Here's how they work:
A trademark opposition is a legal proceeding where a third party challenges the registration of a trademark that has been published in the Trademark Journal.
Any person can file a notice of opposition against a trademark application within four months from the date on which the mark was advertised or re-advertised in the Trademarks Journal.
A trademark opposition can be filed on several grounds such as similarity with an existing registered trademark or pending application, lack of distinctiveness, being descriptive of goods or services, being offensive or against public policy.
You can file a trademark opposition by submitting a notice of opposition on the prescribed Form TM-O along with the prescribed fee to the Registrar within four months from the date on which the mark was advertised or re-advertised in the Trademarks Journal.
Your notice of opposition should include your details, the details of the trademark application you are opposing, and the grounds for your opposition.
If an opposition is filed against your trademark application, you will be given due notice about the opposition as well as the grounds of opposition.
You can respond to a trademark opposition by filing a counter-statement within two months from the date of receipt of the notice of opposition. Your counter-statement should include your arguments and evidence supporting your case for why your trademark should be registered despite the opposition.
Yes, you can seek legal assistance from a qualified attorney or agent to help you respond to a trademark opposition.
After you file your counter-statement, the matter will be set for hearing before the Registrar. Both parties will have the opportunity to present their case and submit evidence. The Registrar will then make a decision on whether to accept or reject your trademark application.
Yes, you can appeal a decision made by the Registrar to the Intellectual Property Board.
The time it takes for an opposition to be resolved can vary depending on several factors such as the complexity of the case and the workload of the Registrar.
Yes, you can continue using your trademark while an opposition is pending. However, it is important to note that using an unregistered trademark does not provide legal protection against infringement.
Yes, you can withdraw your trademark application if an opposition is filed against it. However, it is important to carefully consider your options before making this decision as withdrawing your application will result in the loss of any rights associated with it.
Yes, it is possible to settle an objection with the opposing party outside of court through negotiation or mediation.
If you don’t respond to a trademark opposition within 2 months from the date of receipt of the notice of objection, your application will be considered abandoned.
