Trademark Opposition
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Trademark Opposition
As per section 21 of the Trademark Act, 1999 says that “ any person” who wants to oppose a Trademark application can do so by filing a Trademark Opposition irrespective of their commercial or personal interest in the matter.
- The Grounds for the Trademark Opposition are as below
- The trademark is similar or identical to an earlier or existing registered trademark.
- The trademark is descriptive.
- The trademark registration application is made with bad faith.
- The trademark is customary in the current language and or in the established practices of a business.
- The trademark is likely to deceive the public or cause confusion.
- The trademark contains matters that are likely to hurt any class or section of people’s religious feelings.
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Our Plans
Opposition Notice/ Reply to Opposition Notice
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Drafting Opposition Notice / Notice reply & Filling
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In person support
Govt Fees + *Taxes extra
Why Choose Us
Trusted partners
Company incorporations
Trademark Registrations
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Trusted partners
Company incorporations
Trademark Registrations
Happy Clients
Advantages of Trademark Opposition
Frequently Asked Questions
Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.
To check the eligibility of the trademark, please speak to our service expert. Link
Any word, name or symbol, which is used to identify and distinguish products or services of one specific seller or service provider from those of the other competitor can be register as trademark.
The trademark Registry has classified goods and services under 45 classes. The application of trademark must mention trademark class/ classes the goods/services represent
The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is not satisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days
The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.
No there is no Government fee to file for a reply.
In case the reply doesn’t match the criteria the trademark application gets rejected.
The intellectual property appellate board can be approached in case of rejection
No, the applicant doesn’t need to be physically present. Panchda Team can help you draft a reply for the trademark objection.