TRADE MARK OPPOSITION

Trade Mark opposition is a pre-registration Process. When a trade mark is published in the Trade Marks Journal for a period of four months and any person who has any issue with the registration of published mark opposes the registration of that mark by the virtue of filing a notice of opposition for same in the appropriate Trade Marks Registry along with prescribed fee.

RECTIFICATION BEFORE TRADE MARKS REGISTRY / IPAB

Rectification is post registration process and remedy whereby any person/entity who has issue with the registration of trade mark can apply for the removal of registered mark from the register of trade marks in the appropriate Trade Marks Registry or IPAB along with prescribed fee.

CIVIL SUIT

Civil suit can be instituted in the respective district courts for the passing off and/or infringement of a trade mark. As per section 134 of the Trade Marks Act- Every suit for passing off and infringement will be filed in a court not lower than a district court of appropriate jurisdiction.