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ravisharma   13 June 2017

Trademark opposition

What is the fees for filing reply to trademark opposition?

What are opinions and useful citations to clarify situation of "similar trademarks", one of the most common cause of oppostion.

if you add suffix or prefix to a word (which is trademarked), then will it be considered as "similar". Are there any examples/cases?



Learning

 8 Replies


(Guest)
No Citations shall be provided here .... Balachander Reddy,Trademarks Attorney

ravisharma   13 June 2017

thank you Balachander Reddy for your comment. Yet the question remain unanswered. The primary purpose of such forums is to bring lawyers and general public together and share knowledge on a common platform. People may differ in opinions. The most difficult task in determing "similarity" in trademark is that there are no set or defined parameters or algorithm to quantify the similarity or dissimilarity. Citation helps us to understand different viewpoints of honorable courts from around the world.

MANISH VERMA   13 June 2017

What is the fees for filing reply to trademark opposition? What are opinions and useful citations to clarify situation of "similar trademarks", one of the most common cause of oppostion. if you add suffix or prefix to a word (which is trademarked), then will it be considered as "similar". Are there any examples/cases?

@ravisharma, write your case, what exactly happened with you. becuase without facts its difficult to answer general questions.

Advocate Suneel Moudgil (Advocate)     13 June 2017

Agree with Advocate Manish Verma

P. Venu (Advocate)     13 June 2017

Yes, please post the complete facts.

Dr J C Vashista (Advocate)     13 June 2017

Nothing more to add.

If you want some help on the stampduty/fees to be paid and/or clarification on "similarity", request a local senior lawyer.

ajay amitabh suman (ADVOCATE)     12 July 2017

If the essential features of the earlier trade mark is copied, then the suffixes and prefixes donot enable the trade mark application to qualify for registration.

 

The fee for filing the notice of opposition for physical filing is Rs.3000/- and for e-filing is Rupees 2700/-.

Kapila Tanwar   05 September 2017

Trademark opposition is essentially a legal challenge presenting the rigorous objection to the registration of filed trademark application on solid and justifiable grounds. It does not necessarily need to be filed by the registered proprietor of the mark; it could be a customer, purchaser or someone in the public likely to use the goods and not only representing himself, but also the public at large.

The opposition must be filed before the Registrar (and not directly before the IPAB) within a period of 4 months from the advertisement of the trade mark in the Trade Marks Journal.
 


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