As per the Trademark Act, any Third-party can file a notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademarks Journal. The Trade Marks Journal is published every Monday on the website of the Trade Marks Registry. After receiving the notice of opposition, the applicant is required to file a counter-statement in support of its Application to the Registrar within two months.
fileforindia can help you file a trademark opposition or respond to an opposition raised by a third party. The average time taken to file a trademark opposition notice is about 5 – 7 working days, subject to government processing time and client document submission.
Important Aspects of Filing Trademark Opposition
It’s important to discuss the reason for raising a trademark opposition with a Professional and deciding on a course of action. An experienced professional can significantly improve the chances of success in protecting a registered trademark.
Proper Grounds of Opposition
It is very important that while opposing a trademark, proper grounds in support of opposition are taken by the person opposing the Application.
Filing an opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar – based on the facts and premises of each case. Hence, our professionals can only make the best efforts based on expertise.
Post-filing of trademark opposition, it is important to periodically check the status of the trademark application until its processing. Trademark opposition requires various time-bound responses or actions from the applicant and opposing party. Hence, it’s important to continually check the status of the application and take required action until the completion of the process.