A trademark opposition is filed by a third party
to prevent the proprietor from getting the Trademark registered if it is
similar to his/her own or is identical to the one already used by the party. A
person may file an opposition to a Trademark to prevent the brand from
illicitly gaining from his/her established brand name and avoid confusion among
the consumers.
You can file a Trademark opposition against any
Trademark application published in the Trademark Journal during the 3 months
period when it is kept open for opposition from the general public.
You can file a Trademark opposition on your own
if you have the knowledge of applicable laws, know under what provisions the
Trademark needs to be opposed, can draft the opposition petition on your own
and know what legal documents are required for the same.
Coming to the procedure of filing a Trademark opposition,
a trademark opposition is filed by a third party to prevent the proprietor from
getting the Trademark registered if it is similar to his/her own or is
identical to the one already used by the party.
A person may file an opposition to a Trademark
to prevent the brand from illicitly gaining from his/her established brand name
and avoid confusion among the consumers.
A trademark opposition is filed in the form of a
Notice of Opposition that lays down the grounds on which the application is
challenged. It is attached with the evidence that proves why the Trademark
application flouts any legal norms or violates an existing Trademark.
Documents Required To File A Trademark
Opposition
-The copy of Trademark to be opposed.
-The reason for opposition.
The Notice of Opposition i.e. the application
opposing the mark published in the journal is drafted (it is suggested that you
hire a lawyer for the same to avoid any omissions or errors). The Notice of
Opposition is sent to the Registrar first, who will examine it and then send it
to the applicant.
The Trademark applicant gets 2 months(1+1) to
file a counter-statement against the opposition received.
ANT Lawyers - Law firm in
Vietnam is supported by a
team of experienced patent, trademark, design attorneys with qualification
and skills handling full range of legal services relating
to intellectual property in Vietnam. We have specialized in the
preparation and registration of patents, trademarks and designs for our
clients.
We assist our clients in all steps of the
prosecution phase of IP management.
Source: Quora
