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Trademarks

Who can file a trademark in India?

What is the procedure for filing a trademark application?

What are the qualities of a good trademark?

What is trademark watch?

What is trademark infringement?

What are the remedies in case of trademark infringement?

Can a trademark be opposed?

How does an applicant ensure that his mark does not constitute trademark infringement?

What is trademark renewal?

Can trademark status be checked online?

What is the approximate time taken to get a trademark registered in India?

Once a mark is registered in India, can the applicant assert protection outside India?

What is the difference between trademark infringement and passing off?

Can the ownership of a trademark be transferred?

What if the goods or services of applicant fall under more than one class?

What is a trademark examination report?

What is the consequence of not responding to the examination report?

When does publication of a trademark happen?

Can a trademark be amended after filing?

What do symbols (R) and TM signify?

What is trademark portfolio management?

What is Madrid Protocol? Is India a party to the Madrid Protocol?

What is trademark search? Is there any database available for doing a search?

What is the procedure for filing trademark opposition?

What is the filing process and the timelines in USA, UK and EU?

What is the procedure for filing trademark opposition?
An opposition may be filed against a published mark within 3 months from the date of publication of the mark in the official journal. Once the applicant receives notice of opposition, he must file a counter statement against opposition. The opponent will be allowed to file evidence in support of opposition. The applicant will also be given an opportunity to rebut the evidence and allegations. If the applicant fails to file the counter-statement within the stipulated time, the application shall be considered abandoned. The Registrar will fix a hearing if the dispute is not settled between the parties. The decision of Registrar in the opposition proceeding can be challenged by the aggrieved party by filing an appeal before the Intellectual Property Appellate Board.