People think that trademark opposition is an act of opposing a brand name from being registered. However, in reality, the opposition can happen under multiple circumstances. In this article, we are going to take a look into the five interesting facts about this phenomenon of Intellectual Property rights.
There are numerous cases of trademark opposition of the world, and all of them have one common theme. Either the opponent is already using the brand name in question, or the trademark user is passing off a trademark as their own. Regardless, the issue remains that most of those cases aren’t about trademarks that have already been registered.
Instead, they are about the brand names that have been active for a long time.
It tells us two things.
One, the trademark opposition process is involved in more than just brand names trying to get registered.
And two, there are many facts still hiding in plain sight from people.
Therefore, this article is our attempt to intimate you with the top five interesting facts about the opposition of trademarks in India.
Related Service: Trademark Objection
Fact 1: Trademark Opposition is not only about the brand names going through the registration process
As we have already mentioned earlier, the most popular trademark contenders are the owners of registered brand names. Both parties involved registration from the trademark authorities. What it tells us if even when you get the trademark registration certificate, you are not safe from your opponents.
Fact 2: Your trademark opponent will not always send you the notice of opposition
Even though the standard process of opposition dictates that you receive a notice of opposition, in a general scenario, it’s not the first thing that happens. Your opponent first tries to convince you to stop using the brand name they think is infringing upon their trademark rights. If you do, as they say, you reach an amicable agreement where you won’t need to let the court intervene.
Fact 3: You will not need to stop operating the trademark as soon as you receive the notice
The procedure by which an opponent tries to stop you from using the brand name isn’t that cut and dry. You won’t need to stop your operations after merely receiving the notice. As long as you file a counter statement within 2 months of receiving the notice, stopping your operations won’t be necessary.
Fact 4: You must put all the details, however minuscule, in the evidence file
After you file the counter-statement, you might a notification about the evidence within the next 2 months. When you do, you must start collecting all the information about the trademark that you can find. Your goal here is to prove that you’re either using your brand name for a longer time. Therefore, you must go as far back as possible. Anything goes when it comes to evidence, even an old rough paper on which you drew the sample of your logo.
Fact 5: Like it or not, you will need a trademark attorney to aid you
There is a misconception that’s spreading within the IP domain like wildfire – that you can deal with trademark opposition on your own. But the truth tells a different story. It tells us that if you approach your opponent without preparation, the trademark registrar will make you abandon your trademark. Thus, have a trademark attorney by your side at all times. He will fulfill whatever details you have missed ensuring that your brand name sees the light of day.
Facing opposition against your trademark doesn’t spell the end of your brand. All it means is that you have work to do. Prepare yourself with evidence, a good counterstatement, and an attorney. It will lead you to retain or obtain your trademark rights in the end.