Filing Trademark Opposition and its reply with LEGALDISHA, protect your business brand at best challenging & affordable rates with fastest processing.
Draft Effective Opposition notice or give strong reply to the opponent with expertised approach of LEGALDISHA.
Pay just Rs. 99 and remaining payment when documentation begins.
FILING OF OPPOSITION REPLY FOR APPLICATION FILED BY LEGALDISHA
TM Opposition reply drafting & filing
?Filing a form TM-O (counter statement) against third party opposition for application filed by LEGALDISHA.
Free TM Consultation By expert
?Get free consultation for counter statement (TM-O) from highly experienced experts team.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
FILING OF OPPOSITION REPLY FOR APPLICATION NOT FILED BY LEGALDISHA
TM Opposition reply drafting & filing
?Filing a form TM-O (counter statement) against third party opposition for application not filed by LEGALDISHA.
Fresh Form TM-48
?Before filing trademark opposition reply, Power of Attorney (POA) or Form TM-48 is required to be executed in the name of trademark agent and duly stamped & notarized POA provided by applicant.
Filing of TM-M
?For the purpose of changing authorized trademark agent TM-M is filed.
Free TM Consultation By expert
?Get free consultation for counter statement (TM-O) from highly experienced experts team.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
FILING OF OPPOSITION NOTICE
Serve Opposition Notice
?Serving a notice of opposition who wants to oppose/ object on another Trade Mark applicant.
Fresh Form TM-48
?Before filing trademark opposition notice, Power of Attorney (POA) or Form TM-48 is required to be executed in the name of trademark agent and duly stamped & notarized POA provided by applicant(In case of application not filed by LEGALDISHA).
Filing of TM-M
?For the purpose of changing authorized trademark agent TM-M is filed(In case of application not filed by LEGALDISHA).
Free TM Consultation By expert
?Get free consultation for trademark opposition notice from highly experienced experts team.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
1. Fill form and make payment.
2. After payment our experts will connect to you regarding TM Opposition.
3. Drafting & Filing of Opposition notice /Opposition reply.
4. Delivery of stamped receipt of TM Opposition /Counter Statement to you.
Self-attested Aadhar Card & Self Attested Pan Card of authorized Person.
Duly signed by the applicant.
User affidavit duly stamped & notarized by applicant.
Additional Document required as evidence to support the objection/counter statement.
Trademark opposition is objection raised by the third party called as opponent of a trademark, against the trademark proposed to be registered. It aims to protect trademark being misused by the others or to stop someone trying to take benefits of creativity without permission or creating ambiguity or misguiding the public. It is filed by opponent after trademark is advertised by the trademark registry in the trademark journal.
After filing counter statement opponent shall files the Evidence in support of opposition within 2 month from receiving notice of counter statement failure to do so will cause opposition to be abandoned.
You are required to file Evidence in support of application within 2 months from the receipt of such evidence by the opponent. In reply of which opponent may file further evidence within 1 month from the receipt of applicant’s evidence.
After providing opportunity to serve evidence to both the parties, registrar shall fix the date of hearing and provide notice intimating the scheduled hearing. Hearing shall be conducted on the date so intimated. In case both parties decides to provide evidence directly in hearing, then they shall directly go for hearing intimating such decision.
After successful completion of hearing the registrar shall decided whether it is fair to provide registration to the applicant or not. If the decision is in the favour of applicant – trademark shall be registered. and If the hearing is in the favour of opponent – TM application shall be abandoned.
Once the trademark is registered, the trademark registration certificate shall provided by registry through online mode. After receiving certificate of registration, the applicant is having right to use ® with their brand or logo.
The registered trademark shall be valid for the period of 10 years, which can be renew before expiry of ten years by applicant.
From the receipt of trademark opposition notice, applicant is required to file counter statement in form TM-O within 2 months. However in case non-filing of reply against opposition within such prescribed time limit the Applicant is deemed to have abandoned the Trademark application.
| Basis | Trademark Objection | Trademark Opposition |
|---|---|---|
| Stage | Trademark objection takes place before the trademark opposition stage. | Trademark opposition takes place after the trademark objection stage. |
| Raised by | Objection is raised by the examiner. | Trademark opposition is raised by a third party who opposes the trademark registration. |
| Person to issue | Trademark examiner has the right to raise an objection after examining the trademark application. | Any individual can raise opposition against trademark application if it infringes the terms for valid trademark registration. |
| Submission | The examiner must submit an examination report of the proposed trademark. | The opposition application is supported by evidence that lay down the reasons why the trademark must not be granted registration. |
| Form of filing | Trademark objection is filed in the form of the trademark examination report. | It is filed in the form of an opposition notice that mentions the grounds on which the suggested trademark is opposed. |
| Time period | Reply should be sent to the registrar of the trademark within a month after receipt of the examination report. | In the case of trademark opposition, a reply must be filed within two months of receipt of the opposition notice. |
| End of process | Trademark objection process if the trademark is accepted & advertised the trademark journal or refused in | Trademark opposition process end if the trademark is registered or refused in the trademark journal. |
For opposing a trademark which is advertised in the trade mark journal, trademark opposition can be filled by any person. Opposition is filled to protect the trademark from others by being misused or to restrict to take benefits of creativity without having permission or creation of ambiguity or misguiding the public.
Trademark opposition can be filled by any person say member, customer or out of general public who may have relation i.e. commercial or personal interest with the trademark or not and thinks that if the trademark being registered may create ambiguity in the mind of the customer, general public. Trademark opposition can be filled within four month of the date of journal in which trademark is published.
Perquisite for Trademark Opposition are-
The due date for filing of counter statement is two months from the receipt of notice of opposition from the trademark registry.
Applicant can answer to trademark opposition by Filing of file counter statement which will help the applicant in the following ways-
Any person within for four months from the advertisement of trademark in the Trade Marks Journal, can oppose the trademark registration.
For opposing the trademark from being registered, Trademark Opposition is filed in the trademark opposition form TM-O (form for counter statement).
Major difference between opposition and objection is-
In case of rejection of trademark opposition so filed by the opponent, the trademark shall get registered after is completion of its stipulated time in the trade mark journal.
Yes unlike filing reply of objection, Filing of counter statement requires payment of government fee.
BASIS OF DIFFERENCE | TRADEMARK | COPYRIGHT | DESIGN | PROVISIONAL PATENT | PARMANENT PATENT |
|---|---|---|---|---|---|
| PROTECTION | Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others. |
Creative or Intellectual It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc. |
Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
|
| PROTECTION VALIDITY | 10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years. |
Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author. |
10 Years Valid for 10 years from the date of its registration.
|
1 Year
|
20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed. |
| EXCLUSIVE RIGHTS OF OWNER | Brand w.r.t. Product
|
Distribution of Copies & Perform Work Publicly
|
Authority to Use, It gives authority to Use, sell, make, offer for sell, import the
registered design. |
Protection From Protect from copy of the invention or
infringement of Patent. |
Authority to Use, Provide right to Use, sell, import, make with patented idea. |
| APPLICANTS | Businesses Application made by business owners or owners of product.
|
Artists, Creative Artists, Author, Choreographers, Creative Professionals, Architect.
|
Designer Creator of design.
|
Inventor Many inventors/businesses who wish to patent their inventions even |
Inventor Application by Inventors and designers who invented any original invention or with improved function. |
| SYMBOLS ASSOCIATED | TM & ® TM – Registration
under process. ® – Registered Trademark. |
© © is the symbol of copyright.
|
NA No symbol to represent Design.
|
NA
|
NA No symbol represent registered Patent.
|
| EXAMPLE | Brand’ “Apple ”, Logos Puma, Dairy Milk, Coca Cola etc. are |
A Copyrighted Book Music, pictures, songs, darling etc. |
Ornaments Packaging and shape, graphic symbols, |
Technology Inventions in |
Technology
|
| TIME TAKEN | 12-18 Months It takes 12-18 months to complete the process. |
4-8 Months It takes nearly 4-8 months to get a copyright.
(Without objection) Otherwise nearly 1-2 years. |
Prescribed As per the Design Act, 2000 and rules made there under. |
2-3 Years
|
2-3 Years
|
| TERRITORIAL REACH | Territorial Right Only effective in India and Separate
application has to file for protection in different countries. |
Most of Countries Available in most of the countries of the world.
|
Territorial Right Design protection is obtained by filing an
application in each country/region of interest. |
Territorial Right It is applicable within the territory of India and separate patents
application to be filed for each country. |
Territorial Right It is applicable within
the territory of India and separate patents application to be filed for each country. |
| GOVERNING BODY | CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
Copyright Office Governed by Copyright Office, Government of India.
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
