A term, sign, symbol, device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of a product, packaging, combination of colours or any such combinations, or even a graphic can be used as a trademark to distinguish a company, its goods, or its services from those of competitors.
For instance, a company name, product name, or logo. Customers can now select, purchase, and enjoy products and services based on the exact qualities and attributes that the trademark owner or user has promised. The Trademark forestalls unapproved utilization of a person’s or alternately organization’s product or service without their permission.
A trademark can be made up of logos, pictures, words, short expressions, tones or even a compound of these. The most utilized are words and pictures, in any case, other particular images may likewise be utilized assuming that they are fit for graphical representation.
Trademark opposition
In the process of Trademark registration in Bangalore, after the registrar has approved the trademark application on the grounds of distinctiveness and published the trademark of the third-party opposition in the journal, trademark opposition occurs in India.
Eligibility
As per Section 21 of the Trademark Act, ‘any person’ can go against a Trademark registration in Bangalore, regardless of their business or individual interest with regards to this issue.
A Trademark can be countered by filed by a client, individual from people in general or contender, or some other individual. Additionally, the person who files the trademark opposition must already be the registered trademark owner.
After an opposition to a trademark is filed, both parties must decide whether the trademark should be abandoned or registered.
Anyone who believes that the published mark might cause public confusion can file the opposition, but the registrant of Trademark registration in Bangalore must defend the trademark.
Grounds for opposition
Absolute grounds for refusal
Absolute grounds of refusal, as defined in Section 9 of the Act, include the trademark’s inability to distinguish the applicant’s goods or services from those of others, its generic, descriptive, or trade-mark nature.
Relative grounds of refusal
Relative grounds of refusal as given under Section 11 of the Act, for example the trademark being phonetically, visually, reasonably, confusingly and deceptively similar/Identical to opponents trademark as well as in regard of comparable goods/services.
Other relevant grounds based on the facts, such as the well-known trademark of the opposition, copyright over the artistic work, geographical indication, and so forth.
Notice of trademark opposition
By submitting a notice on Form TM-O and paying the applicable fees, anyone can submit a trademark opposition to the Registrar within four months of the date of publication of the application of Trademark registration in Bangalore in the trademark journal.
The notification ought to contain the application (trademark registration application) details, opposing party details and grounds of opposition.
Within three months of receiving the opposition notice, the Registrar must deliver a copy of it to the applicant—the person who submitted the application for Trademark registration in Bangalore.
Counterstatement for notice of Trademark opposition
Within two months of receiving a copy of the notice of opposition containing the applicant’s facts, the applicant must submit a counterstatement on Form TM-O to the Registrar. Within two months of receiving the counterstatement, the Registrar will deliver a copy of it to the opposing party.
Consider the scenario in which the applicant fails to submit the counter statement within two months of receiving the opposition notice. All things considered, the registrar will consider that the trademark registration application is abandoned and consequently won’t continue Trademark registration in Bangalore.
Evidence for and against Trademark opposition
Within less than two months of receiving a copy of the counterstatement that was submitted by the applicant, the opposing party is required to provide evidence to support their notice of opposition to the Registrar. The opposing party ought to likewise send all duplicates of the evidence to the candidate.
The applicant ought to submit his or her evidence in support of the trademark registration application within two months of receiving the opposing party’s copy of the evidence. The candidate should send his/her evidence to both the Recorder and the restricting party.
The opposing party can file additional evidence in somewhere around one month of getting the evidence copies of the candidate. The opposing party should submit additional evidence to both the Registrar and the applicant.
Hearing and decision concerning Opposition of trademark
The Registrar, after the receipt of evidence by the two parties and additional evidence of the opposing party, will give notice to the two parties of the first date of hearing. The opposition will be dismissed and the trademark registered by the Registrar if the opposing party is not present on the hearing date.
The registration application will be considered abandoned and dismissed if the applicant is not present on the hearing date. The written arguments that have been submitted by both parties to the proceeding will be looked at by the Registrar.
The Registrar will decide whether to approve or deny the trademark registration application after hearing both parties and taking into account the evidence they provided. The decision of the registrar will be conveyed to the two parties recorded as a hard copy at the address given by them.
Conclusion of trademark opposition
The trademark will have Trademark registration in Bangalore and the registration certificate issued once the Registrar makes a decision in the applicant’s favour. The trademark registration application will be rejected if the Registrar makes a decision in favour of the opposition.
Form TM-5
The opponent must submit TM-5 when opposing a trademark Form. According to the application, the opposition of the trademark should be filed in the proper trademark office.
Assignment of trademark
Similar to how physical properties can be transferred, trademark owners can transfer trademarks. An assignment is one means by which a trademark that has done Trademark registration in Bangalore can be transferred.
Task implies transferring rights, interests, titles and benefits starting with one individual then onto the next. Transferring ownership of a trademark to another person is referred to as an assignment.
Who can assign trademark?
According to Section 37 of the Trade Marks Act of 1999, the person listed as the owner of a trademark in the trademark register has the authority to assign a trademark and receive consideration for such a task. As a result, a trademark owner can transfer ownership to another individual.
Can trademark be opposed after registration?
Within five years of Trademark registration in Bangalore or after five years, an aggrieved party may request trademark cancellation.
Conclusion
Trademark is one of the IPRs. It is an important asset. Thus trademark registration is crucial.