Trademark vs Copyright vs Patent
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| Trademark | Patent | Copyright | |
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required For Trademark Opposition
Signed Evidence
Sales Invoice
Advertisement Copies
Product Images
Government Registration Certificate
Social Media Accounts Screenshot
Letter Head copy
Visiting Card
Notice of Opposition
Notice of Rectification or Cancellation
Opposition Counter Statement
Rectification Counter Statement
Interlocutory Petition
Trademark Opposition FAQ’s
What exactly is trademark opposition?
Trademark opposition is a legal challenge against the registration of a trademark, initiated during its four-month publication period in the official government journal. This allows any member of the public to object to the trademark if they believe it infringes on their rights or is otherwise unsuitable for registration.
Who is eligible to file a trademark opposition in India?
Any individual or entity, including customers, competitors, or any member of the public, can oppose a trademark application. The opposer does not need to have a prior registered trademark or a direct commercial interest in the matter.
Where should one file a trademark opposition?
A trademark opposition must be filed at the same Trademark Registry office where the original trademark application was submitted. This ensures that the opposition is directed to the correct jurisdiction for the matter at hand.
What are the grounds for opposing a trademark?
Grounds include similarity to an existing trademark, lack of distinctiveness, descriptiveness, bad faith, customary usage, likelihood of confusion, illegality, prohibition under the Emblem and Names Act, 1950, and potential to offend religious sentiments.
What is the first step in initiating a trademark opposition?
The first step is to file a notice of opposition using Form TM-O within four months of the trademark’s publication in the journal.
What happens after an opposition notice is filed?
The Registrar sends a copy of the opposition notice to the trademark applicant, who then has two months to respond with a counterstatement.
What if the applicant doesn’t respond to the opposition notice?
If the applicant fails to respond within two months, their application is deemed abandoned.
What evidence is required in a trademark opposition?
Both parties need to submit evidence supporting their case to the Registrar and each other within specified time frames.
How is a trademark opposition resolved?
After evidence submission and a hearing, the Registrar makes a decision to either register the trademark or dismiss the application based on the arguments and evidence presented.
What happens if the Registrar rules in favor of the trademark application?
The trademark gets registered, and a registration certificate is issued to the applicant.
What are the consequences of not complying with filing requirements?
Failure to meet deadlines or submit necessary documents can result in the opposition being abandoned or the trademark application being removed.
Why is the trademark opposition process important?
It ensures that only deserving trademarks are registered, facilitating public participation and preventing market confusion.
How can IndiaFilings assist in the trademark opposition process?
IndiaFilings offers expert guidance, conducts thorough trademark searches, prepares necessary documents, handles filing, and provides timely updates.
What is the significance of a thorough trademark search by IndiaFilings?
It helps identify similar or conflicting trademarks, critical for building a strong opposition case and avoiding potential issues.
How does IndiaFilings streamline the filing process?
IndiaFilings submits the opposition on behalf of clients, ensuring accuracy and timely submission to the Trademark Registry.
Can IndiaFilings help if I’m considering opposing a trademark?
Yes, IndiaFilings provides expert guidance and support throughout the opposition process, from initial consultation to final resolution.
What other trademark services does IndiaFilings offer?
IndiaFilings also assists with trademark registration, objections, renewals, and more, providing comprehensive trademark support.
How important is timely adherence to timelines in trademark opposition?
It’s crucial for effective case presentation and avoiding the abandonment of the opposition or the removal of the trademark application.
Why choose IndiaFilings for trademark opposition?
With experienced professionals and a commitment to thoroughness and efficiency, IndiaFilings increases the likelihood of a successful outcome.
How does IndiaFilings keep clients informed during the opposition process?
Clients receive regular updates about the progress of their trademark opposition, ensuring transparency and engagement.
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