Trademark Opposition and Objection – Trademark registration in Cochin
Difference between trademark Opposition and objection in India
Responsible for the security of a trademark name or design that identifies the source and owner of the product or service. Unlike trademarks, patents protect inventions for a specific period of time. There are different types of patents. Copyright, on the other hand, protects the work of writing, such as writing, art, music, etc. Trademark Opposition and Objection – Trademark registration in Cochin is what we are going to be discussed in this blog & required documents.
No trademark is required by a company to protect their rights. It is acquired because of the many advantages of trademark registration in Cochin. Trademarks and copyright pyrite sometimes overlap. For example, if a graphic image is used as a logo, both copyright and trademark laws protect it. Trademarks can be brought by selling. Nike Inc. Bought the famous swash logo in ’71. The same trademark makes other companies crossover brands for a certain period of time and under certain conditions.
After the tester reviews your trademark and finds out that it is eligible for registration, your trademark will be published in the Trademark Journal. The purpose behind publishing a trademark in a journal is to enable any third party to view the trademark and to register a trademark protest against it. Simply put, an anti-trademark file is filed by a third-party against your trademark registration in Coimbatore.
Legally, Section 21 of the Trademark Act, 1999 states that ‘any person’ may file a notice of protest. This includes individuals, companies, partnership payments and trusts. In fact, if two or more individuals have similar issues against the trademark, they can join as opponents.
In general, the following individuals file trademark opposition
Owner of a previous trademark application or trademark registration in Chennai covering the same trademark for the same goods.
A person who has used the same or similar trademark before the client, but who has not sought registration of the trademark. (Previous user)
The various grounds on which a person can initiate anti-action are:
The trademark is the same or identical as the previous or existing registered trademark.
The icon is free of special character.
The sign is descriptive in nature.
Trademark registration applications are made in bad faith.
The mark is in the current language or in established systems of business.
Trademarks deceive or confuse people.
The sign is against the law or is prohibited by law.
Trademarks are prohibited under the Marks and Names Act, 1950
These targets include things that hurt the religious feelings of any class or people.
The anti-trademark process involves the following stages:
Notice of protest: Anyone can file a notice of protest against the trademark registration which is published in the trademark journal within 4 months from the date of publication.
Defendant Statement: Within 2 months of receipt of the objection notice, the applicant may file a counter-statement. If the counter statement is not filed within 2 months, the applicant is deemed to have abandoned the trademark application.
Evidence in support of the objection: If the applicant files a counter-statement, the respondent must file evidence by affidavit within 2 months of receipt of the counter-statement (extending from one month). The respondent also has the option of writing a letter to the Registrar stating that he does not wish to present evidence but instead intends to rely on the facts stated in the Opposition’s notice.
Evidence in support of the application: After receiving the evidence of the opponent, the applicant is also given 2 months (if extended to 1 month) to file evidence in support of the application.
Evidence in reply: In addition the respondent is given 1 month (1 month extension) to file evidence in response to the applicant’s evidence.
Hearing: On the basis of the objection, the respondent’s statements and the notice of the recorded evidence, the Registrar will call for a hearing. Within fourteen days of receipt of the notice of hearing, the parties shall inform the Registrar of their intention to be present in the matter. In the end, the matter is heard by the registrar and a decision is made on the merits.
Registration or Rejection: If the Registrar decides in favour of the applicant, the trademark will be registered and a certificate of trademark registration will be issued. If the registrar decides in favour of the opponent, the trademark application will be denied.
When the status of a trademark is shown as ‘Offensive’ in the Indian Trademark Registry website, it means that the trademark examiner has raised an objection against the trademark registration in the examination report. The Registrar, after analysing the trademark application, may raise objections under Section 9 and / or Section 11 of the Trade Marks Act.
Trademarks are objected to under section if the Registrar deems that the mark is a description of the quality of the goods / general / complimentary / indication or the nature of the goods. This means that if the mark is not a specific name, but a description of the quality of the work or product, then the registrar may object to the lack of specificity of the trademark.
The Registrar may object to a trademark application under section 11 of the Trademark Act if the trademark is the same / similar to the trademark that is already on the trademark registry or it is similar to the pending trademark application.
If the examiner has objected to the trademark registration application, a written reply should be filed by the applicant within 30 days of receipt of the examination report or when the applicant is informed that the report is online.
Benefits of trademark in India
The owner of the registered trademark has power and exclusive rights over it. For all items falling under the category of trademarks specified in the application, the person can use it according to its benefits. The owner has the privilege of taking legal action where he feels he is facing the same violation.
The trademark is believed to build the trust and reputation of the goods and services it presents. Consumers tend to understand the importance of quality associated with trademarks. This makes them more loyal to the company. Trademarks ensure a unique identity to a company in the sense that customers can trust the goods and services offered by the company.