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Clarification on trademark registered under class 5
25-Nov-2023 (In Trademark & Copyright Law)
Hi Friends, My Brother he filed a Trademark related to his PHARMACEUTICAL under class 5, now it got opposed by the other person stating that the brand belong to him and he ask my brother to remove terms "fungicides; herbicides" from the descrpition under class 5, then Opponent is ready to withdraw the Notice of Opposition after removing those terms. My Brother is also ready to delete terms from TM descrpition, Is that necessary to file Counter statment TM-O or is that enough to file TM-M.
You may file only the TM-M for amendment of goods and you do not require to file the Counter Statement. However, do ensure that the opponent files a withdrawal of opposition before the Trademark office within 2 months from the service of Notice of Opposition.
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Adv. Suresh Kumar
Chennai | 25+ Answers
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Once the application for trade is accepted it will be advertised in the Trade Marks Journal . If a person objects he has to follow the procedure prescribed. The Registrar will go through his objections and hear both the parties. There is no need to delete anything and let the authorities decide.
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Adv. G. Asok
Chennai | 200+ Answers
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