Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Opposition

Trademark Opposition

  • Overview
  • Why Taxcomate
  • Process
A trademark opposition is basically filed for opposing a trademark which is advertised in the journal by the trademark registry from registration. It is mainly a way to protect your trademark being misused by the others or to stop someone trying to take benefits of your creativity or efforts without your permission. For this Trade and Merchandise Marks Act, 1958 had been introduced by the government which is repealed by the Trademark Act, 1999 in the year in the Fiftieth Year of the Republic of India A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee. The trademark notice of opposition must be filed within 3 months of the date that the trademark application is published for opposition unless a request for an extension of time to oppose is filed with the Board (which is usually instantaneously granted). A trademark opposition must allege one or more grounds for challenging a trademark application. Most often, a trademark application is opposed by someone who owns prior rights in an identical or confusingly similar trademark. But, trademark applications can also be challenged on a number of other grounds. For instance, oppositions may be based on the opposer’s belief that the trademark is merely descriptive, deceptively misdescriptive, generic, functional, or likely to dilute the distinctive quality of the opposer’s famous trademark. In addition to alleging a valid ground for opposition, the opposer needs to show that it has the standing to oppose the application. In other words, the opposer must allege in the notice of opposition that it has a direct and personal stake in the outcome of the proceeding and that it could be harmed by the registration of the trademark. Shortly after a notice of opposition is filed, the Board will institute the opposition proceeding, assign it a proceeding number, and notify both parties of the schedule the opposition will follow. This schedule informs the parties of many important dates and deadlines by which certain actions must be taken. However, the schedule can be quite easily amended through mutual agreement between the parties and approval by the Board.

Frequently Asked Questions (FAQs)

Trademark registry publish Trademark the mark in Trademark Journal.

Proprietorships are not regulated by any particular Act, hence there is no registration. Every buiness needs registration under Shop & Establishment Act whether it is providing a service or dealing in goods. Other registrations such as GST etc depend upon nature of product/service.

consequatur.

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.

No, Trademarks have to be registered in individual countries, depending on the legislation.

1.Required Documents for Trademark Renewal

  1. Authorization Documents
  2. Evidence in Support of Notice of Opposition/Counter-Statement

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Trademark Opposition

₹12,700.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.