Trademark Opposition Proceedings in India with flow chart

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A Complete Guide to Trademark Opposition Proceedings |Form Fees | Time frame | Grounds of Opposition  in India

1. Any person (This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents) may, within 4 months from the date of the Publication in the Trademark Journal in the aggregate, as the Trademark Registry, on application of TM-O in the prescribed manner and on payment of the fees of Rs. 2700 online or Rs. 3000/- for TM-O Filing, Notice of Opposition should be in writing in the as per the Trademark Act, to the Registrar, of opposition to the registration.
2. On Receipt of notice of opposition  from the opponent the Registrar will serve a copy of the notice of opposition to the applicant for registration and, within two months from the date of receipt of Notice of Opposition by the applicant of such copy of the notice of opposition, the applicant have to file a counter-statement of the grounds on which he relies for his application, and if the applicant does not file a counter-statement then the Application becomes to abandon.
3. If the applicant submits  a  counter-statement within two months from the date of receipt of Notice of Opposition, then the Registrar will serve such Counters statement to the opponent.
4. Within two months from service of a copy of the counter statement, the opponent have to submit such evidence as he desires in support of the opposition in the form of an Affidavit under Rule 45 with evidence. Copies of such affidavit with evidence shall be submitted to the registrar. Alternatively, the opponent have a option to waive such filing under Rule 45 and letter of rely on the facts stated in the Notice of Opposition. However, such letter of rely should be informed  to the Registrar and to the applicant in writing within two months.

If the opponent fails to submit such affidavit with evidence or a letter of rely to waive such filing within the prescribed time of two months, the opposition is deemed to have been abandoned.

5. Within 2 months of receiving the Affidavit with evidence under Rule 45 or of the letter of rely to waiver to file such Affidavit with evidence from the opponent, the applicant shall adduce evidence as he desires in support of the application by way of Affidavit under Rule 46. Copies of such evidence with evidence shall be submitted before the registrar and a copy should be forwarded to the opponent also. The applicant can choose to waive filing such Affidavit with evidence under Rule 46 and can solely rely on the facts stated in the counter statement and or on the evidence already submitted in connection with the application by writing to the registrar and the opponent within two months.

If the applicant fails to submit such evidence in support of the application or a letter of rely within two months, the Application is deemed to have been abandoned.

6. As per Rule 47, Within one month of receiving the Affidavit with evidence under Rule 46 or of the letter rely from the applicant, the opponent again has the option to adduce further evidence in support of the opposition in the form of an affidavit with evidence or a letter of rely.

After the opponent submits the reply affidavit as per Rule 47, no further evidence shall be left on either parties, however, the registrar may at any time allow the applicant or the opponent to provide any evidence if he thinks fit. Alternatively, the opposition shall proceed towards hearing.

                      What are grounds Opposition in Trademark in India?

                      Little known facts about to initiation of Trademark Opposition Proceedings:

1. Applicant mark is similar/identical to prior user or trademark is registered.
2. The Applicant mark is contrary to the law.
3. The Applicant mark is prohibited under the Emblem and Names.
4. The Applicant mark contains matters that are likely to hurt religious feelings of any class or section of people.
5. The Applicant mark is devoid of distinctive character.
6. The Applicant mark is descriptive in nature.
7. The Applicant mark is made with bad faith.
8. The Applicant mark is likely to deceive or cause confusion to the public.

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