Trademark Attorneys at Patracode have hands on experience in Trademark Opposition Filing. We also specialize in filing responses against opposition raised in trademark filing proceedings. Popularity brings up copy-cats, who not only start eating up your revenue, but also substantially tarnish your reputation. To counter such copy-cats, trademark laws extends an enforcement mechanism of Trademark Opposition. We at Patracode specialize in enforcement of our client’s Trademark rights by filing Trademark Opposition against an application as well as protect them from any malafide intention by filing response to Opposition proceeding against our client.
Trademark Opposition Filing
We cater to both the services Filing Opposition against a Pending Application as well as Filing Response to an Opposition Proceeding. We have proficient and highly skilled attorneys who take care of opposition proceedings and have a vast experience in hearing proceedings before the Controller. We conduct Trademark Watch by searching registers across jurisdiction to find out whether any application is filed which amounts to damage our client.
This Trademark watch service is conducted by expert and skilled analytics team of trademark attorneys to cater the client in enforcing their rights by filing opposition, which helps in preventing grant of a Trademark application in pendency through an administrative proceeding before Trademark examiner. The basic principle lying under the opposition proceeding is that the party believes that a damage may be caused to him if the application of registration of the mark is allowed. Often the opposition proceedings is triggered when an application for trademark is published in the government journal of the trademark office and is in public domain. Once the trademark application which amounts to damage to our clients trademark is published then it initiates the opposition proceedings.
Grounds of Trademark Opposition
An opponent can trigger opposition proceedings on two grounds:
- Absolute grounds which includes descriptive mark, geographically deceptive, a generic mark, mark depicting functionality, mark with an intention of bad faith or fraud.
- Relative grounds which includes if the application has prior art, mark is causing likelihood of confusion, bad faith, filing business name, domain name or trade name as mark, filing a well-known or famous mark and claiming to be the authorized owner.
Pre-Filing an Opposition before filing an opposition
We at Patracode, generally do extensive research for collecting evidences and framing arguments for substantiating our opposition. We substantiate our grounds of opposition with enough evidences and case laws laid down by the Court of Law. We try to bring out the legal principles based on which the opposition grounds rely.
Filing a Notice of Opposition
The publication of the trademark application in the official gazette of the trademark registry initiates the proceedings of opposition. Then next step is notice of opposition is filed before the expiry of the prescribed period to the trademark registry.
The Notice should clearly state the grounds on which the opposition application is filed, along with name of the opposing party, rights or interest of the opposing party in the trademark in question and damages to the opposing party if the mark is allowed. Once the notice of opposition is filed then the applicant has to answer or file a response to the notice of opposition or give his defenses within a stipulated time as prescribed by Indian Trademark act.
There is an examination of the same and if response is not satisfactory for the registry then there is a hearing before the registry and the final verdict is given based on arguments and evidences. The remedy available in an opposition proceeding is the refusal or partial refusal to register a trademark. An appeal can be made by the losing party at IPAB, and in furtherance to High Court. We also support our client in such an appeal.
Filing a Response to Notice of Opposition
We at Patracode are also experienced in filing response to opposition proceeding. Our trademark attorneys prepare a response based on legal arguments, evidences of authorized use or applicant of trademark application. A lot of research is put into substantiating our arguments and an immense effort is made to collect evidences to support the response.
The response is supported with case laws and legal arguments based on legal aspects of law. In Patracode, our Trademark Attorneys are all highly proficient in making arguments, understanding the fact of law, appreciating the evidences and properly putting it across the registry
