Legal Question in Intellectual Property in India

Opposition regarding trade marks

If the owner of a trade mark has not filed an opposition against the publication of a deceptively similar trade mark of another party then can he still initiate legal proceedings aginst such second party. Can he also later file a suit mentioning that the mark appears on the register wrongfully although he has not opposed it?


Asked on 1/28/08, 11:48 pm

4 Answers from Attorneys

Re: Opposition regarding trade marks

yes,he can still file suit.

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Answered on 1/30/08, 11:54 am
Garima Prashad GARIMA PRASHAD & ASSOCIATES

Re: Opposition regarding trade marks

Yes. But first you must appeal to the Registrar of Trade Mraks against the publication on the ground that due to some reason (like away from town, copy not served, etc.) you were unaware of the publication, and it is only now that you have come to know of the same, and that the said publication be set aside.

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Answered on 2/08/08, 7:49 pm
NISHANT KAUSHIK Juris Legam

Re: Opposition regarding trade marks

yes ofcourse. if you dont file any objection of deceptive similar trademark, then u'll've the option to file the rectification proceeding against the deceptive mark. you can also file suit with rectifiaction as well as showing yourself the prioruser(if you are).

prior user shall prevails even on a rgtd trademark

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Answered on 4/17/08, 5:57 am
rameswaram ramanathan Self

Re: Opposition regarding trade marks

No. He has to object before the Registrar of Trade Marks of the concered office of the Registry first and if the Registrar rejects his case then he can go for an appeal/review.

Just keeping quiet and then wish to file suit is not legally correct. If u wish to have further opinion, pls contact R.P.Ramanathan, Trade Marks Attorney, cell: 9994675721

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Answered on 1/30/08, 1:41 am


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