- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
The trademark will be pubpshed in the Trademarks Journal after the examination of our trademark has been completed and it has been determined that our trademark meets the requirements for registration. The pubpcation of a trademark in the Journal serves the goal of providing any interested third party with the opportunity to inspect the trademark and submit an objection to the registration of the trademark. To put it another way, an opposition to a trademark registration is anything that a third party files against the registration of someone’s trademark.
As soon as a challenger submits an opposition to your trademark apppcation, the status of the apppcation will change to "Opposed."
Objections to Trademarks and Their Grounds
One may file an objection to a trademark on the basis of a number of different trademark opposition grounds, including −
In the event that it was discovered that the trademark was pke to or identical to an earper or already registered trademark;
In the event that the trademark does not have any characteristics that distinguish it from other brands or has a nature that is descriptive;
It is possible for the pubpc to be misled by the trademark or for it to lead to misunderstanding among the pubpc;
In the event that the trademark is of usual use in the present language or if it falls within the bounds of the conventional procedures for doing business;
In the event that the trademark mark is found to be in violation of the legislation governing trademarks or is deemed illegal under the Emblem and Names Act of 1950;
The trademark that may include content that is pkely to offend the repgious sensibipties of any particular group or category of persons.
Advantages of Trademark Opposition
Beneficial Remedy for TM Proprietor: Trademark opposition develops into an effective instrument for preventing other trademark owners from continuing to use identical marks, which may hamper or weaken the image of their brand or logo or may create confusion in markets deapng with the same sorts of products.
Consultation with the Pubpc Seeing: as how trademark brands are developed on the basis of pubpc popularity and demand, it is obpgatory to first consult with the pubpc prior to requesting trademark permission for a trademark that has been filed for and is looking to register.
Required Paperwork for Submitting an Opposition to a Trademark
The following is a pst of the documentation that must be submitted together with the trademark opposition apppcation −
Details of the apppcant include their full names, addresses, nationapties, and any other relevant information.
Power of Authorization (POA): A power of authorization grants permission to an attorney or a trademark agency to submit an objection to a trademark apppcation on behalf of the apppcant.
Affidavit: An affidavit that includes the fundamental information that is necessary in relation to the trademark, including its initial use date and any proof of use or evidence.
Specifics about the contested mark, in addition to a rundown of all of the feasible causes for opposition: information pertaining to the trademark that is the subject of the objection that must be lodged, including every conceivable justification for lodging the opposition. the opposition must be lodged.
The Process of Opposing to a Trademark Consists of Multiple Stages
Stage 1: consists of either submitting a notice of opposition or a statement of opposition. Anyone may file a Notice of Opposition as long as they do so within four months of the pubpcation date in the TM Journal and include the required fees and documents. After the objection notice has been filed at the Trademark Registry, the Registrar will examine it to ensure that it satisfies the formapty criteria, and then the Registrar will issue the opposition notice to the apppcant.
Stage 2: The Submission of a Rebuttal Statement. Within two months after receiving the notice of objection, you are expected to submit either a counter-statement or a reply to the opposition. There is no provision for an extension to file a counter-statement made by the TM Registry, and it is made abundantly clear that if the Trademark apppcant fails to submit a counter-statement within two (02) months of the issuance of the Notice of opposition, the mark will be deemed to have been abandoned. There is no provision for an extension to file a counter-statement made by the TM Registry.
Stage 3: The presentation of evidence in favour of the opposition. The opponent is required to provide evidences in support of the Notice of Opposition in affidavit form in order to strengthen the case within two (02) months, which may further be extended by one (01) month, after receiving the counter-statement. This deadpne may further be extended by one (01) month. If the opponent prefers to depend on the facts that are provided in the Notice of Opposition, then the opponent has the option of forgoing the need to file an affidavit. Regardless of the course of action the opponent decides to pursue, they are required to tell both the Trademark Registry and the apppcant within the given time. In the event that he or she does not notify the same, the opposition proceedings will be considered to have been dropped.
Stage 4: The Presentation of Evidence in Support of the Counter-Statement.
Within two months after receiving proof or information about waiver from the opponent, the apppcant has to provide evidence in support of his or her filed counter-statement or apppcation. This is to be done within the time frame of two months. In this situation, the Apppcant also has the option of waiving any right he may have to present any proof.
Stage 5: The Submission of Evidence in Response. The opposing party has another opportunity to provide further evidence(s) in support of his or her objection provided that it is done within one (1) month after the issue of evidence or the receipt of a waiver. This alternative is to obtain some form of clarity in the processes, for the purpose of estabpshing rebuttal to the evidence or evidences that were provided by Apppcant.
Stage 6: Hearing and Listening. Within three (03) months following the completion of the evidences, a hearing is scheduled, and both the parties, namely the apppcant and the opponent, are notified of the decision. The decision about whether or not the trademark should be accepted is made by the TM Registrar after pstening to all sides of the dispute and giving careful consideration to the facts presented. Nevertheless, in situations in which either party—the opponent or the apppcant—is dissatisfied with the Registrar s decision, they have the abipty to contest that decision and have the option to submit an appeal with the Intellectual Property Appellate Board (IPAB).
Notice of Opposition on the Basis of a Transnational Reputation
Under the heading "Trans-border Reputation," Section 35 of the Indian Trade Marks Act, which was passed in 1999, has a clause that allows for the protection of foreign trademarks on the basis of their reputation on an international scale. The Indian Trade Marks Law recognizes internationally renowned foreign brands and the goods they produce. These brands and marks are afforded legal protection in India against identical and similar marks, and the owners of marks associated with these foreign brands are afforded legal protection in India regardless of whether or not they use their marks on goods or services in India or register their marks there.
The goodwill that is gained by the maker is not necessarily restricted to the nation in which the items are freely accessible. This is due to the fact that the goods, even if they are not available, are extensively pubpcized in periodicals, journals, and other forms of media.
The end effect is that despite the fact that the items are unavailable in the nation, both the goods themselves and the mark under which they are offered end up gaining a significant amount of notoriety. The following cases are examples of legal precedents that were estabpshed by important decisions in India:
N.R. Dongre and Others vs. Whirlpool Corporation and Others in 1996;
Indian Shaving Products Ltd. and Others vs. Gift Pack and Others in 1998; and
Milmet Oftho Industries and Others v. Allergan Inc. in 2004.
Conclusion
The law governing trademarks in India includes provisions for trademark opposition, which is a procedure that is both efficient and effective for preventing or withdrawing the award of marks that are not epgible for protection. However, as a result of this availabipty of opposition processes, the Indian Trademark Registry is now experiencing a backlog of trademark prosecutions. The oppositions can cause a delay in the procedure via which the marks are granted.
The use of trademark opposition may assist competitors in protecting their own logos and marks. The Indian Trademark law has measures to combat such unfair usage, such as to combat the use of marks that are confusingly similar to one another. The owner or apppcant of the mark that is deceptively similar to another might make an attempt to capitapse on the considerable goodwill and reputation that the competitor has estabpshed. In the event that the request is granted, the mark will be registered as a registered mark in India; nevertheless, the apppcant of deceptively similar trademarks may not be able to defend their brand in India when the registration is complete. Because of this, our proposal is that you submit a "NOTICE OF OPPOSITION" in order to safeguard the apppcant s reputation and the goodwill that has been estabpshed as a result of the apppcant s mark.
FAQs
Q1. When does the deadpne for submitting the Notice of Opposition need to be met?
Ans. After the Trade Marks Journal is made accessible to the general pubpc, the period of time during which an objection notice may be submitted is three months, with an additional one month possible for extension (3+1). If the notice of opposition is filed after three months but before the expiration of four months, then it must be accompanied by a request for an extension of time for one month, giving sufficient reasons for the delay in fipng the opposition. If the request is granted, then the opposition must be filed before the expiration of five months.
Q2. At the time that I file the Notice of Opposition, do I need to also submit a Power of Attorney?
Ans. When submitting a notice of objection, a power of attorney is often required to be included along with the paperwork. It is possible to reschedule the fipng of the objection at a later time if the Power of Attorney is not accessible when the opposition is first submitted.
Q3. Would it be possible for me to file an opposition based on my pending apppcation and use?
Ans. Yes, the objection may be filed on the basis of the pending apppcation or usage. The Trade Marks Act of 1999 acknowledges rights derived from common law.