Trademark Other Services

Trademark Opposition

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.

Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.

According to Section 21 of the Trademark Act, ‘any person can oppose a trademark, irrespective of his commercial or personal interest in the matter.

A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner

Trademark Opposition Procedure:

• Opposition Notice
• Counter-Statement
• Hearing
• Appeals

Trademark Renewal

Trademark registrations are valid for a period of 10 years. Registered trademarks can be renewed by filing a renewal application.

If you fail to do Trademark Renewal, then you lose all the legal protection that comes at the side of the trademark.

Documents required for the Trademark Renewal

• A copy of the trademark registration certificate
• Power of attorney to represent the applicant
• Photo Id and address proof of the applicant
• Copy of application form of Trademark registration

Trademark Restoration

If in case the renewal period has lapsed and no application was filed prior to the expiration, then the proprietor can apply for restoration of the trademark. However, such an application has to be made from 6 months to 1 year after the expiration of such registration. The proprietor has to file a prescribed form [TM-13] to request restoration.

After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again. The purpose of the advertisement is to invite objections from people who have reason to believe that the trademark should not be renewed or restored. If there are no objections raised within the stipulated time, then the mark will be entered in the register. The entry shall specify that the mark has been renewed for a period of 10 years.