Are you worried that a competitor is trying to copy your trademark? Filing an opposition is your best option to prevent registration of the infringing mark.

When a mark gets accepted by the Registrar, it is published in the Trademarks journal. Any person may within four months from the date of advertisement of a trademark in the journal, raise an opposition to the registration of the mark. Once the opposition is raised, the Registrar shall issue a copy of the notice of opposition on the applicant. The applicant has to submit his counter statement as a response to the notice of opposition within two months from the date on which the Registrar had served the opposition notice on him, failing which, the mark shall be treated as abandoned. After the applicant has submitted his counter statement, each party is given opportunity to submit the evidences in support of their case.  The Registrar shall then schedule the matter for hearings and then finally decide in favor of against the registration of the trademark. The Registrar may either refuse the mark or accept it, or grant acceptance subject certain conditions or limitations deemed fit by him.

It may be interesting to note that the opposition may be raised by any person, whether he has or has not any personal interest in the matter.

In order to successfully oppose the registration of a mark, it is important to draft a strong notice of opposition.  The notice has to be carefully drafted taking into account various factors, which play an important role in the final decision of the Registrar. Deep knowledge and understanding of the subject is essential to draft strong grounds of opposition.

At Liberators, we understand that drafting a strong notice of opposition is crucial for establishing your case against the infringing mark. With our team of dedicated professionals, you can be assured of drafting a strong notice of opposition.