Trademark Opposition

Handling of Tradeamrk Opposition

LegalBoss Team help you in handling of Trademark opposition

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More About Trademark Opposition

Trademark oppose come after trademark publish in trademark journal. Trademark publish in trademark journal for the third party opposition within 4 (Four) month from the date of trademark publish in trademark journal.

 

Any third party believes that trademark which is publish in trademark journal create confusion among the public can file opposition.

 

After file opposition to the trademark application both parties need file oppose statement or counter statement and affidavit in support of application or opposition within time.

 

If, after trademark application oppose by third party and no counter statement filling on time otherwise your trademark application can abandon (Cancel).

FAQ on Trademark Opposition

Why Opposition?
Any one who can believe that trademark which is publish in trademark general create confusion among the public or among the Brand.
If trademark is not registered can file Oppose?
Yes, any one can file oppose whether trademark is registered or pending for registration or not applied but use since longer time under common law rights.
What are Stages or steps come under Opposition?
First step to file opposition or Counter statement. Second step required to file affidavit in support of opposition or application Last stage Hearing if, required.
How much Time it will take for trademark registration?
Trademark Application can be filed within 1-2 days and registration process will take 12-18 months.
In within what time required to file opposition or counter statement?
For the Opposition required to file opposition within four (4) month from the date of trademark publish in trademark journal. For the Counter statement required to file within 2 (month) / 60 days from the receipt of the trademark opposition statement. It can be extent after filing request to the registry with proper reason.
In within what time required to file Affidavit in support of opposition or Application?
Within 2 month / 60 days required to file affidavit in support of opposition or application. It can be extent after filing request to the registry with proper reason.

Required Documents for Trademark Opposition

Minimum Requirements

  • Trademark Application Number
  • Sales Invoice
  • GST Certificate
  • Shop Establishment Licence
  • Any Other Licence or Certificate
  • Website Address
  • Marketing and/or Publicity Documents, video, etc
  • Any award received details and Documents
  • Details, Photo of Participant in any Exhibitions.
  • Customer Feedback reports.  

Specific Requirements

  • Any other Information or Documents as may required.

Points to make your decision easy

Steps Involved in Trademark Opposition

STEPS & TIME DURATION
1

Day 1-2

  • Discussion between LeglBoss Team & the Promoters/Director/Individual/ partner of the Company.
  • Collecting Documents and Details

2

Day 3-6

  • Analyse of Opposition Statement or Application
  • Draft Counter Statement or Opposition statement 

3

Day 7-9

  • Filling of Counter Statement/ Opposition Statement
  • Sharing Acknowledgment of Filling a Statement 

4

Day 9 Onwards

  • Waiting for Further Filling of Statements or Order