What are the stages in an Opposition proceeding?

Stage 1: Filing a Notice of Opposition/Filing a Counter-Statement Any person wanting to oppose a mark can do so by filing a Notice of Opposition on the prescribed form along with the prescribed fee within four (4) months of advertisement of the mark. It is first sent to the Registry for review and i...
Read More

Who can oppose a Trademark Application in India?

“Any person” may oppose a trademark. This person does not necessarily have to be a registered proprietor of any mark. He can be a purchaser, customer or a member of the public likely to use the goods. The rationale behind this is that the Opponent is not only representing himself but the public ...
Read More

How to restore a Trademark in India?

If more than six (6) months have lapsed from the renewal date and no renewal request has been filed, then an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date. The application is to be accompanied with the prescribed fee and a sta...
Read More

How to renew a Trademark in India?

The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection...
Read More

Who can file for rectification/cancellation proceedings?

Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may file for rectification/ cancellation proceedin...
Read More