First steps when someone challenges your mark or accuses you of infringement. General legal information only. Deadlines are short.
If you receive a notice of opposition
- A person opposes a mark after it is advertised in the Trade Marks Journal.
- The applicant must file a counter-statement within the prescribed time after receiving the notice. Missing it can lead to the application being treated as abandoned.
- Both sides then file evidence, and a hearing follows.
If you receive an infringement notice
- Do not ignore it, and do not reply in anger.
- Check what mark is claimed, in which class, and whether it is registered.
- Compare your use: the marks, the goods, the date you began using yours.
- Gather proof of your earliest use: invoices, advertisements, listings.
- Take advice on the reply, which may deny, offer a coexistence arrangement or propose a change.
If you are the one complaining
Before sending a notice, check the strength and coverage of your registration. A poorly founded notice can lead to a threats-related counter-claim.
Courts
Infringement and passing-off suits are filed before the competent civil court or High Court, where interim injunctions can be sought urgently.
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Important disclaimer: This article is general legal information, not legal advice. It does not create a lawyer-client relationship and is not an advertisement or solicitation under Bar Council of India rules. Verify current statutes, rules and judgments before relying on it.
