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    TRADEMARK TM-O

    Posted By : Divya Saluja / Published on : 24-Jul-2019 12:22 PM / View : 352 / Comment : 1

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    Dear Friends,

    How much time department take the action in after filling the Counter-Statement in form TM-O ? is there any specified time period?

    Kindly guide.
    Read more on : trademark

    • After the filing of a counter-statement in response to a notice of opposition in India, the next step is for the Trademark Registry to provide a copy of the counter-statement to the opponent and invite them to file evidence in support of their opposition. The opponent then has two months to file evidence in support of their opposition.

      After the evidence is filed by both parties, the Registrar will fix a date for the hearing of the opposition. The date of the hearing will be communicated to both parties, and they will be required to appear before the Registrar on the specified date.

      The time taken by the department to take action after the filing of the counter-statement depends on various factors such as the workload of the Registry, the complexity of the case, and the time taken by the opponent to file their evidence.

      However, as per the Trademark Rules in India, there is a specified time period for completing the opposition proceedings. The entire opposition proceedings, including the filing of evidence by both parties and the hearing, should be completed within a period of one year from the date of receipt of the notice of opposition. The Registrar may extend this period for a maximum of three months, if required.

      It's important to note that the opposition proceedings can be complex, and the time taken may vary depending on the circumstances of each case. Therefore, it's recommended to seek the guidance of a legal professional to ensure that all the necessary requirements are met, and the opposition proceedings are completed in a timely manner.

      Further, The opposition process in India is divided into two subcategories: pre-grant opposition and post-grant opposition.

      1. Pre-grant opposition: This type of opposition can be filed by any person after a trademark application is published in the Trademark Journal but before the trademark is registered. The purpose of pre-grant opposition is to prevent the registration of a trademark that is likely to cause confusion or is likely to deceive the public. Any interested person can file a notice of opposition by submitting Form TM-O along with the prescribed fees and grounds of opposition.

      2. Post-grant opposition: This type of opposition can be filed by any person after the registration of a trademark. The purpose of post-grant opposition is to challenge the validity of the registration of a trademark. Any interested person can file a notice of opposition by submitting Form TM-O along with the prescribed fees and grounds of opposition within a prescribed time limit.

      The grounds for opposition can include, but are not limited to, the following:

      • The trademark is similar or identical to an existing registered trademark or an earlier pending application.
      • The trademark is likely to deceive or cause confusion among the public.
      • The trademark is devoid of any distinctive character.
      • The trademark is contrary to public policy or morality.

      The opposition process can be complex and time-consuming, and it's recommended to seek the guidance of a legal professional to ensure that all the necessary requirements are met and the opposition process is completed smoothly.

      31-03-2023 / 10:29:49 AM
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