Trademark Status: Opposed Vs Objected Vs Formalities Check Pass

Usually the third party files such opposition when they are of the view that the proposed trademark is identical with the already existing trademark or is non- distinctive.

After the filling of opposition by the third party the status of the application changes from “advertised” to “opposed”.

After the filling of opposition, a notice is served on the applicant who states the grounds of opposition.

The applicant is required to file a counter-statement within a period of 2 months from the date on which notice is served to him.

The trademark application is abandoned if no counter statement is received by the authority within the prescribed time.

The Trademark Registry will check all the basic requirements such as:

1.        Whether the appropriate translation has been filed.

2.         If the application has been filed through an agent POA has been filed.

If the basic requirements are not properly filed then the status will be shown as “Formalities Check pass Failed”.

After this stage is completed the application goes through substantive examination. During this phase, objections can be raised by the third party.