A trademark is a mark, symbol, or word created or adopted by a company to assign a particular product. And to distinguish those products from similar products made or sold by others. . The trademark is registered by the trademark office to guarantee the patent and its exclusive use only to the licensee. Also, a trademark is any unique mark used to identify goods and services. It should be a symbol capable of being represented graphically. There are many things covered with the word “mark”. For example, a symbol can be a name, title, label, letter, word, number, signature, shape, color, sound, and even scent. Any of these can be registered as a trademark if eligible for the conditions required for registration.
Trademark registration process
The application for trademark registration in Kerala goes through the following sections of the Trademark Registration Office:
Record section- deals with post registration formalities and renewal procedure.
Trademark opposition in India
- Index section
- Exam section
- Order section
- Journal section
- Opposition section
- Registration section
After the trademark application is filed for trademark opposition in Kerala, the registry examines the application to determine the mark. If the examiner is satisfying that the mark is distinctive and does not already have such marks in the register. And the mark will be published in the Trademarks Journal. Post such publication, this mark will be open for a period of 4 months in opposition to third parties.
Time to file a counter-notice – The law stipulates that any person may file a counter-notice against a trademark, which promotes or re-promote in the trademark journal within four months from the date of publication or reprint in the trademark journal.
Anyone can file a trademark opposition Notice in Kerala and does not need to apply in India to oppose trademark. Further, after the expiration of four months, the notice of opposition not fill and the trademark will go for registration. All that remains is to file a corrective action against the registrar.
The trademark may oppose for the following reasons:
Absolute reasons for rejection provided under section 9 of the Act. For example, the trademark is not unique or does not have the ability to distinguish the applicant’s goods/services from others
Relative reasons for rejection provided under Section 11 of the Act. For example, the trademark is sound, visual, conceptual, confusing, and deceptive/equivalent to the trademark.
Other relevant factors depending on the facts of the matter, i.e. the trademark of the applicant are well known.
Procedure after filing notice of opposition-
The Registrar must generally provide a copy of the counter-notice on the trademark applicant within three months from the date of receipt.
Within two months of receipt of the trademark notice of opposition Kerala, the applicant must file his counter statement stating the facts as alleged in the opposition notice accepted by the applicant.
If the applicant fails to file his counter statement on time, the trademark of the applicant will be deemed to have been omitted due to non-prosecution under section 21 (2).
If the applicant files a counter statement, the opposition will reach the evidence stage.
The Registrar must generally provide a copy of the counter statement. This is to be given against the opponent within two months from the date of receipt.
Within two months of receiving the counter-statement, the opponent must file his affidavit. This is to be done in support of the opposition.
The registrar usually receives a copy of the affidavit within two months in support of the opposition against the applicant through evidence.
Within two months of receiving the affidavit, the applicant must file his affidavit. This is to be done in support of the application.
The registrar must usually provide a copy of the affidavit within two months from the date of receipt in support of the application against the opponent by evidence.
Within two months of receiving the affidavit in support of the application, the applicant must file his affidavit in reply with the evidence.
An extension of one month is available for filing an affidavit through evidence in support of opposition/application/reply. However, no extension of time is available for the trademark Opposition in Thrissur and Counter-Statement to file the notice.
After that, after hearing the parties and considering the evidence, the matter of the trademark opposition in Kerala will be heard. And it will decide whether the registration will accept for trademark registration or not. The decision made by the Register in the actions of the Opposition may challenge by the aggrieved person by filing an appeal before the Intellectual Property Appellate Board.
Please note that successfully opposing trademark registration in Palakkad will stop the application from going to registration. However, to prevent the applicant from using the trademark, the opponent must sue for the violation/crossing in the appropriate court.
However, due to the huge backlog of opposition content in Registry, opposition actions take a long time than the specified in the law. In its view, to overcome the backlog of opposition issues, the registry has launched various drives such as Opposition Drive and Reconciliation.
Eligibility to file the opposition
Pursuant to Section 21 of the Trademark Act, 1999, any person wishing to oppose a trademark application may do so by filing a notice of trademark opposition in Kerala on the prescribed form, along with the prescribed fee. The competitor does not have to be the registered owner of the trademark. He can be a buyer, a customer, or a member of the public who uses the goods. The reason behind this is that the opponent is representing not only himself but also the people at large because having two such marks in the market
It causes a great deal of confusion among the people.