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After the trademark application reviews and thus the examiner finds that it qualifies for registration, your trademark is getting to be published within the Trademarks Journal. the aim behind publishing a Trademark within the Journal is to enable any third party to seem at the trademark and file a trademark opposition against it. Simply put, a trademark opposition is filed by a third-party against the registration of your Trademark.
The third-party possesses to file the trademark opposition within 3 months from the date of publication of the trademark.
Reason of the trademark opposition:
A party can oppose a trademark for a selection of reasons, but the foremost frequent is based on a likelihood of confusion. Typically, trademark owners take advantage of trademark monitoring services that alert them when someone is trying to register a uniform trademark for similar goods and services. They, in conjunction with their trademark attorneys, will inspect the mark to determine if would potentially hurt their trademark registration.
Who can oppose a trademark:
Section 21 of the Trademarks Act, 1999 says that “any person” who wants to oppose a trademark application can do so by filing a Notice of Opposition on the prescribed form in conjunction with the prescribed fee. The opponent doesn't necessarily get to be a registered proprietor of a trademark. He is often a purchaser, customer, or a member of the overall public likely to use the products. The rationale behind this is often that the opponent isn't only representing himself but the overall public at large because having two similar marks within the market can only end in confusion amongst the overall public at large.
Sometimes, trademark owners assert rights far beyond the scope of their registrations to prevent competition. this is often commonly mentioned as “trademark bullying,” because it generally occurs when an organization with vast resources targets companies who may lack the knowledge or resources to fight these false claims.
- TM-48 ( Power of Attorney)
- Identity Proof with Address of the Owner (Adhaar Card, Voter Id, Driving License)
- Certificate of Incorporation ( if the owner is Company)