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Trademark Opposition

Rs.5899

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Drafting and filing of opposition notice. Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of government fee and service tax.
Drafting and filing of opposition notice. For trademark applications NOT filed by IndiaFilings. Inclusive of government fee and service tax.
Drafting and filing of opposition notice with written notice to the other trademark applicant. Inclusive of government fee and service tax.

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Trademark Opposition In New Delhi

A trademark opposition in New Delhi can be raised under different sections like the absolute grounds, relative ground, use of prohibited marks, or even concerning the opposed trademark's proprietorship. The prevailing trademark law does not provide any specific grounds as such for the opposition.

But there are various reasons why a trademark might get opposition in New Delhi. Here we have mentioned them below:

  • A trademark gets opposition in New Delhi if in case it is similar or identical to an earlier existing registered trademark
  • The trademark is devoid of the distinctive character
  • The trademark is descriptive
  • The trademark registration application is hurting the religious sentiments of any community
  • The trademark may get opposition in New Delhi in case if it is likely to deceive the public or create any confusion
  • The trademark is contradicting to the law or is prevented by the law
  • The trademark is prohibited under the Emblem and Names Act,1950.
  • The Trademark contains the matter that is likely to hurt any class or section of people.
  • The trademark may also get opposition in New Delhi if it is made by bad faith.

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FAQ's

The third-party has to file the trademark opposition in New Delhi within 3 months from the publication date of the trademark.
The notice of the opposing has to be filed at the trademark registry where the application for the conflicting trademark is filed. So, if the application is filed at the trademark registry's New Delhi office then the proceedings of trademark opposition must be initiated at New Delhi only.
The trademark law doesn’t specify any specific background for trademark opposition in New Delhi, some of the reasons are when the trademark is similar or identical, the trademark is devoid of distinctive character, the trademark is descriptive, the trademark registration is made with bad faith or it is hurting the religious sentiments of any community.