Trademark opposition


Sir,

I have registered a trademark in class 24. It is registered. Some one has filled the same trademark (tradename) application in class-25.

Our turnover in crores in out trademark, can I file an opposition application and restrain opposite party to use my tradename though it is in different class?

Please help me if I can file opposition and on what grounds I can file that opposition application.

Thanking you experrts in advance.

 
Reply   
 

Yes Ankitji,

You can certainlu oppose such Registration, provided you can prove that such REgsitration is with malafide intention of fraudulently capitalising on Goodwill of your reputed Trademark.

We can help you analyse your case fact and provide our Compimentary Veiws on workability of the same.

Anil Saraogi

Trademark Attorney

 
Reply   
 



With regards to the query, the prime concern is to stop the applicant from being registered under Trademark Law. Provisions of Trade Marks Act, 1999 make it clear that any person whether being an owner of registered Trademark or otherwise can certainly give a notice of Opposition to the applicant of Trademark. Therefore, you may file notice of opposition against application filed in another class. The Registry, at own discretion may call both parties for hearing and the issue shall be disposed of accordingly based on grounds of claim.

The grounds and basis of opposition shall be decided after a consideration of facts in the case and after due consultation of Trade Mark Attorney.

You may please contact experts at LegalWiz.in at toll-free number 1800 313 4151 for free consultation or drop an e-mail at support@legalwiz.in to avail services at affordable prices through experts and professionals.

 
Reply   
 

Yes. You can file Opposition even the other party has registered his mark which is desceptivey similar with your trademark. For getting grounds of opposition we have to see your mark and Opponent's mark, compare and thereafter decide. 

 
Reply   
 

Mr. Ankit,

With Regard to Your Query, yes Opposition can be filed in case of similar name even in diferent classes. Secondly class 24 and class 25, both the classes are connected with each other in relation of goods, so it can create confusion in the mind of the consumers that both the marks belongs to the same owner, but opposition filing right raises onlyafter the applied trademark is published in trademark journal. 

The other option to send a legal notice to restrain the person from using a mark that is similar to your mark and initiate proper legal action to file a court case against them. for amy further clerification please contact @The trade solutions : 9024801226

Drop Mail@ :thetradesolutions@gmail.com

 
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Advocate

Dear Mr. Ankit, as per the facts you have given, the answer is yes. But, Nothing can be said surely without analyzing the whole fact. So, kindly provide the whole facts. Thank you.

Kapil Gupta

Trademark Attorney

 
Reply   
 

Dear Mr. Ankit,

You can always file your opposition. I understand you want to know whether you will succeed or not. This is your basic query hidden behind your query.

So, one cannot enjoy monopoly on all the classes after registering his TM in one class. Class 24 and 25 are quite different. If you want to stop the applicant of similar TM in class 5, you should also apply for registration in class 25 and oppose thereafter.

You will succeed.

UKS CHAUHAN, Advocate

chauhan_uks@yahoo.com

Mob. 8010601603

 
Reply   
 

Dear Ankit ji, Class 24 and 25 are connected with each other if you want a strong protection for your brand and Goodwill you must apply the name in both classes. You can oppose the other party only once the mark will get published in trademark journal. You cannot file an opposition on applied/objected mark. Please file your brand in class 24 also, and send the other party a legal notice to stop using the similar mark. Contact for more information Adv. Monika Taparia 9024801226
 
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