RECTIFICATION Vs OPPOSITION

Hello Friends, today we shall know about the basic difference wrt the said topic in terms of a trademark application. As you all know, for using a particular mark, it's better that the same is to be registered. For registering a trademark, one needs to file an application before the trademark registry. Now, when the said application is under process, the applicant might come to encounter certain specific terms, the two of which mentioned above are being discussed herein :-

1. OPPOSITION

2. RECTIFICATION

Once a particular mark / logo has undergone the initial scrutiny, the same is shown as ACCEPTED & ADVERTISED" in the status of the particular application. After this stage the said mark is generally kept open to opposition from any third party for a certain period say about 4 months, and in case no opposition is filed, the said mark is granted registration. However, in case any of the public at large found the said mark to be in conflict with any of its marks, the said application is opposed within the time period as stated above, by filing an opposition to the registry along with form TM-O and prescribed fee therein.

This is commonly known as OPPOSITION OF THE TRADEMARK, in such an event the registration of the said mark is kept pending till the objections are finally heard of the competent authority.

Now, the other case is suppose, no opposition is filed within the said time frame and applicant is finally granted registration, in such an event also, any person being aggrieved by the said registration may file an application under the form TM-O along with requisite fee and the same is then referred to as the RECTIFICATION of the said mark.

Thus, by virtue of form TM-O, anyone having any vested right / interest in the subject mark might apply to the registry by filing OPPOSITION OR RECTIFICATION AS THE CASE MAY BE. -The basic distinction between the two concepts is that OPPOSITION is filed before the mark is registered and RECTIFICATION is filed after the said mark has been registered.

I hope the above information is helpful to all the readers.

Thanks

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