Overview

In India, people can get their trademarks registered under the Trademarks Act, 1999. To do this, trademark owner has to apply to the trademark registrar. As soon as they file the application, the registrar will publish the trademark in the journal for trademark opposition process.

Now the party who doesn't like a trademark that's being registered may oppose it. The opposition must be sent to the same location where the trademark registration was submitted prior. Then the meeting to determine what you ought to do. This process is governed by the Trademark Act of 1999, and the Trade Marks Rules of 2017.

Advantage of Service in Addition to Trademark Opposition Services in India:

• Safeguarding Rights of Trademark Owners:

Trademark opposition is a critical tool for trademark rights holders in being able to prevent other marks from damaging their brand or causing confusion in the marketplace. Best Trademark Opposition Proceeding Service in India for the Protection of the Trade Owners

• Public Input:

As a brand's reputation is established within the society by the people, it is important to refer to the perceptions of the public to know whether the applied mark shall be granted registration or not.

Grounds for Refusal of a Trademark:

• Like Existing Trademark– if the trademark derived too much similar like the other one is not acceptable.
• Not unique or Descriptive based on business unit or services
• If the mark could confuse or deceive the public.
• If the mark consists of words that are ordinary in the street or business.
• If the mark violates the law or contravenes the Emblem and Names Act, 1950.
• If the mark contains matter that could offend individuals’ religious beliefs.

Tax & Process for Trademark Opposition proceeding in India:

• Filing Fees:

Another trademark opposition process limitations to consider is: there are fees to file a notice of opposition, and other forms, during trademark opposition. These charges are subject to Goods as well as Services Tax (GST) in India.

Currently, the Government fee for filing a notice of trademark opposition proceeding in India is approximately INR 2,500 in the case of individuals, and INR 5,000 in the case of companies, however it is always better to check the latest fee structure on the official web page of the CGPDTM.

•   Trademark Services GST:

The trademark registration and opposition services are covered by GST. Flat GST rate of 18% is applicable for such services.

When budgeting for trademark opposition expenses, companies would be well advised to take this tax into account.

• Legal Fees:

For example, the legal fees incurred by a company such as Service Plus if it engages a legal representative to assist in the opposition process would also be subject to GST.

Depending on the accounting procedure of the organisation and the trade mark opposition procedure in India, these fees can usually be taken back on business expense.

• Record Keeping:

Companies must also properly account for all associated costs related to the trademark opposition, such as the opposition filing fee, any legal fees or other expenses incurred in the process of opposing the trademark.

As Companies You Need to Collect the Following Documents:

•   Information about the Applicant

Opposer: true name of the opposer

All Address: Somewhere applicant belongs or register.

Data source: Nationality of applicant (individuals) / Country of incorporation (corporations)

Background: the party who is seeking cancellation and their standing in the matter.

•  For Businesses and Other Organisations

Registration Certificate:

If the applicant is a company or such organization, registration certificate should be attached.

Obtaining Legal Existence Confirmation request: To ensure the entity is registered as legal, and they are authorized to file the opposition.

• Power of Attorney

Power of Attorney: Signed in presence of 2 witnesses, appoints an attorney/agent to act on behalf of the applicant in Trademark Opposition proceedings in India.

This is the reason for having a power of attorney, whereby you authorize the appointed attorney to submit the opposition (whether with or without the official filing agency) and to represent you in all proceedings relevant to such filings.

• Affidavit

A sworn declaration that has:

1. a) Information on the trademark being challenged
2. b) The date on which trademark use in commerce began.

Promotion of the trademark  (e.g., invoices, advertisement or other documents evidencing the use of the trademark).

Trademark opposition Affidavit Background of the invention

•   More about the Other Mark

1.   Your trademark you have opposed.
2. The application number of the opposed trademark.

RATIONALE FOR OPPOSE, Including:

(Translate by as be either of practicing or analysis infringement on an earlier trademark.

• Lack of distinctiveness.
• Likelihood of confusion among consumers
• Other legal arguments opposed.

How Trademark Opposition Works:

• Getting Started For the Trademark Opposition:

Opposition to the registration application has to be filed within four months from the date of advertisement of such application in the trademark journal through the registrar. Form TM-O is filed, along with the required fee.

The notice of opposition must describe the application for series of trademark registration, the details of the opposing party and grounds for the trademark opposition process in India. The registrar sends the applicant a copy of the notice of opposition, within three months of receiving this.

• Phase One: Counter statement response:

If the notice of opposition was correctly served, an applicant has two months from the date the notice was served to submit a counterstatement on Form TM-O. Comment on this should clarify their position for the trademark opposition .The opposing party to the applicant shall, within two months after being heard by the other applicant party, be supplied with the counterstatement of the applicant from the registrar.

If the applicant fails to respond within the allotted two months, their trademark registration application is abandoned and the registration process is considered terminated as the best trademark opposition service in India, Service plus undertake the complete process as per our service.

• Stage two: The opposition process — presenting evidence

The respondent in the opposition must provide evidence supporting their Opposition to the Registrar within a period of two-month period following the receipt of the counterstatement from the applicant. The applicant should also be provided this Evidence.

Then the applicant shall have two months from such receipt to submit Evidence in support of its application. This Evidence is to be provided to the Registrar and objecting party.

• Optional Stage Three:

The opposing party has an additional month from the date of receipt of the applicant's Evidence to submit additional Evidence if necessary. This has also to be shared with the applicant and Registrar for the trademark opposition.