ARE YOU UPSET THAT SOMEONE OPPOSED YOUR APPLICATION FOR TRADEMARK REGISTRATION? OR REALLY WANT TO OPPOSE SOMEONE’S APPLICATION
Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. Once an application is filed before the registrar, it will be kept for examination and the successful approval will lead to advertising the application in the Trademark Journal before it is registered. This advertisement is made to invite any opposition that a person raise against an application. The opposition can be raised on various grounds against the mark for being deceptive, cause confusion, scandalous, a threat to national security or similar with an existing mark or to.
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WHO CAN FILE AN OPPOSITION?
Any person, irrespective of their interest in the case can file an opposition before the registrar. Section 21 of the Trademark Act gives the right to any person to oppose the registration of a trademark. The opponent’s registration status in the trademark registry is immaterial.
WHAT MUST BE INCLUDED IN YOUR REPLY/OPPOSITION?
- A brief and specific reasons to raise opposition or answers to opposition.
- Relevant case laws to support your opposition/reply.
- To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT.
- Other evidence supporting the inherent usage of the mark and establish distinctiveness.
- Evidence to prove that the applied trademark is a well-known trademark used by one other competitor.