Trademark Publication
During the process of online Trademark registration, the proprietor submits the Trademark to the authorities for examination. After resolving the Objections, if any, by the Examiner, the Authority will publish the to-be-registered Trademark in the Trademark Journal. This publication is meant to inform people that the published brand symbol has been approved by the Examiner and is available for scrutiny before its registration. Now, here comes the scope of raising a Trademark Opposition.
Issue(s) with the Published Trademark
Let us assume that a party, individual, or business entity, has any objection to any one of the following traits of the published Trademark:
- Font style
- Size
- Phonetic value
- Pictorial representation
- Color coding
In that case, the complainant can file for trademark opposition against the published Trademark. The published Trademark must not resemble any existing trademark. Otherwise, it will lead to Trademark Infringement.
Notice for Trademark Opposition against the Published Trademark
The aggrieved can, above all, file an application for Trademark Opposition to oppose the concerned advertised Trademark in the journal. The Trademark Act of 1999 has defined the application filing as well as opposition process regulations for our reference.
The registered trademark party will file a lawsuit by issuing an opposition trademark notice to the Trademark Trial and Appeal Board. The plaintiff must also file the notice within 3 months of the trademark publication. He can also make an extension request to the Authority.
Filing a Reply for the raised Trademark Opposition
Types of Applicant
In terms of opposition filing, the application can be filed from two perspectives
- Plaintiff: One opposing the published Trademark
- Defendant: To-be registered Trademark Owner
Also Read: Trademark Infringement
Furnishing the Evidence to make your case
As a trademark applicant, you must possess all the Evidence to back up your Case in Court at the time of the hearing. You must gather the facts while conducting a Trademark search and resolve any Trademark Objections raised during the examination.
To file a reply to the Opposition notice, you must be aware of the opposition reply format.
Documents Submission
The defendant must submit the following documents along with the Opposition reply to the Court at the time of hearing:
- Trademark Opposition form (Form-TM 5)
- Trademark Registration Application
- Counter-statement against the raised Opposition
- Evidence to defend the made claim
The defendant must assess the Evidence thoroughly. Your Evidence can’t seem insignificant in the Court.
Trademark Opposition filing process
Notice Period
After receiving the opposition notice, the published trademark owner must file a counter statement or a reply within two months of the notice issue. If the trademark applicant doesn’t file the counter-statement in the Court within the stipulated time, then the Authority will abandon the applicant’s candidature. The trademark authorities will assess both statements and ask for Evidence.
Evidence showcasing Trademark Uniqueness
The defendant must also provide Evidence to prove the uniqueness of their Trademark. He must submit the required clarification within two months of the Opposition notice issue. If he fails to submit the Evidence, then his application will be abandoned.
Also Read: One Person Company: MCA aim to provide Ease in Doing Business
Court’s Verdict
After carefully analyzing the submitted Evidence by the plaintiff as well as the defendant, the trademark authority will issue summons to both parties to convene a hearing. After hearing both sides, the Court will take its final decision.
