There is nothing more dreadful than seeing that notice of trademark opposition in India. It takes quite a while to publish your trademark in the journal. And when a third party opposes your application – it is akin to finding an obstacle on the road to your branding dreams.
So, how do you deal with that issue?
We wanted to say that filing a reply will make it all possible. However, realistically, the process creates a long road for you filled with statements, counterstatements, and many pieces of evidence.
And while it is not sure whether you will succeed once through the entire hearing process, you can draft the perfect trademark opposition reply to set the tone of those hearings.
Here, in this article, we will unveil the process to help you draft the perfect reply. It will lead to the counter statement in India, a sample of which you will be able to understand here.
First, let us discuss the Trademark Opposition Process in India.
Here are all the events that occur during the opposition to the trademark:
- First, you receive a notice: The entire process is triggered when you first receive the notice of opposition trademark. It is a pretty standard notice, probably taken from the notice of the opposition trademark sample in India. This notice lists all the reasons behind opposition to trademark applications. This thorough list has all the details, including penalties you would like to face if you don’t comply with your opponent’s demands. Remember that the words might not be clear as the opposition to trademark registration can file within four months – during your publication period.
- Filling out the counterstatement: When a opposition is filed against your application, your first task is to fill out a counterstatement. The counterstatement in the India sample can be downloaded from any portal in India. You have to fill out the counter statement – trademark opposition in India – within a month of receiving the trademark notice of opposition.
- Providing the evidence: After filling out the statement using the standard reply to opposition, a format you can grab online, the board asks you and your opponent to deliver the evidence. After the same notification, you have one month to provide the evidence to the opposition office.
- Counter evidence: Within of month of you providing all the evidence, your opponent submits their evidence to support their case of opposition.
- Final trademark hearing: After taking evidence from both sides and their counterstatements into account, the trademark authority reaches the final decision.
Also Read: Trademark Infringement
But how can you diver the decision of these trademark opposition proceedings in your favor?
Filling the perfect counter statement – Taking the right first step for the trademark hearing
When you are facing the opposition, one thing that you must not do is panic. Your fear will prompt you to make rash decisions. As a result, you will create a rash counterstatement that will most likely reinforce your opponent. Therefore, here are the tips to follow when you draft your reply:
- Expect opposition: When you apply for brand registration, always expect opposition. It will most likely happen even if you have not violated any trademark rules. Therefore, always go online and understand the opposition by looking at the sample notice of opposition to the trademark.
- Understand the notice: Before preparing the counterstatement, carefully read the form. Each small point in that format will tell you what steps you must take to start the process.
- Hire a professional: The entire trademark opposition timeline can be a big affair for you. Therefore, make sure that you always take the aid of service providers.
Also Read: E Waste Management: Challenges that India faces
Conclusion
There are many cases in India being fought every single day. However, the victors among them are always closely watching the timeline, are ready with the trademark opposition fees, and are ready to tackle the situation head-on. You cannot take a subtle approach during the opposition proceedings.
It is always better to consult with experts before taking even a single step further.
