Trademark Opposition In Shimla
A trademark opposition in Shimla 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 Shimla. Here we have mentioned them below:
- A trademark gets opposition in Shimla 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 Shimla 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 Shimla if it is made by bad faith.