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The great explorer of the truth, the master-builder of human happiness no one rejects dislikes avoids pleasure itself because it is pleasure but because know who do not those how to pursue pleasures rationally encounter consequences that are extremely painful desires to obtain.
Read MoreBenefits of Trademark Opposition
Wondering how opposing or getting opposed could benefit you? Here are some key benefits:
For instance, using an image from a stock site like Shutterstock without proper licensing constitutes a copyright violation. Shutterstock has the right to pursue legal action to recover the value of the image. By registering your work, you can protect your rights and create earning opportunities by allowing others to use your creations.
Increased Visibility : Publication in the Trademark Journal boosts the visibility of a trademark among the target audience, acting like an advertisement for your brand and services.
Protection : It gives trademark owners the chance to oppose similar trademarks that may cause issues in the future.
Public Clarity : Trademark Opposition helps create clarity among the public, preventing confusion between similar marks
Who Can Raise Trademark Opposition?
According to Section 21 of the Trade Marks Act, 1999, any person can file an opposition within four months from the date of advertisement or re-advertisement of a trademark application. If a group of people, such as individuals, societies, or organizations, has a similar objection to a trademark application, they can collectively file an opposition. For instance, if someone attempts to trademark the word “DELHI,” various stakeholders can raise a collective opposition.
Grounds of Trademark Opposition
Opposition can be raised for several reasons, including:
If the trademark is identical or similar to an existing one.
If the trademark lacks distinctive character.
If the trademark is descriptive in nature.
If the application is made in bad faith.
If the trademark is customary in business language.
If it could deceive the public or cause confusion.
If it violates the law or goes against the Emblem and Names Act of 1950.
If it could hurt the religious sentiments of a group.
Our legal experts at BizMantra can help you draft and file the perfect counter-statement for a Trademark Opposition.
