Trademark Objection

Respond to Trademark Objection

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    Advantages of Registering a Trademark

    • Exclusive rights over the mark
    • Can initial civil proceedings on the basis of common-law use
    • Can initiate criminal proceedings against third-parties infringing these rights
    • Acts as Identity of the owner or property holder
    • Protects Goodwill of the Business
    • Power to assign / transfer / license to others
    • Discourages others to use the same/ similar tradename
    • Gives our products / Services a status of branded goods thus enabling easy marketing and promotion

    PROCEDURE INVOLVED

    Pursuant to the advertisement of the mark, the same can be opposed by any third-party within a period of 4 months on grounds of the mark being identical or similar to their prior existing mark. Pursuant to the notification of the notice of opposition to the Applicant, the Applicant has to file a counter-statement (response) within two months. Pursuant to the response being taken on record, the Opponent has to file their evidence within two months from the date of receipt and thereafter the Applicant has to file their evidence within two months from the date of receipt of Opponents Evidence. The timelines are extendible by way of filing an application. The Opponent can also file evidence in reply. The Trade Marks Office will thereafter adjudicate on the basis of the documents and submissions on record.

    Respond to Trademark Objection

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    Respond to Trademark Objection

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