As from the date an application for registration of mark is
published in the Official Gazette of Industrial Property up until prior to the
date of issuance of a decision on grant of a protection title, the third party
shall express the opposition to the competent State administrative body
including explanations, argument and evidence the opinion. Such opinions must
be made in writing and be accompanied by documents or must quote the source of
information.
Opposition to trademark applications plays a great role for the
protection of trademark owner that prevents counterfeiting, duplication, infringement
and trademark registration in contravention of law
.
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
- A 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 rights 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.
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