How to Proceed If Your Trademark File Has Been Opposed

If your trademark file has been opposed, you must respond within a month of receiving the examination report with objections, or else the application shall be declared abandoned. You can consider seeking legal advice if such a situation arises.

Procedure if Your Trademark File has been Opposed:

  • If anyone opposes a trademark file, then a copy of the Notice of Opposition is sent to the applicant within 3 months, drawing the attention of the applicant to the time limit requirement as prescribed in section 21(2).
  • A counter statement needs to be filed by the applicant as prescribed in Rule 49 on Form TM-6 along with the prescribed fee within two months from the date of receipt by the applicant with the copy of Notice of Opposition.
  • No provision is there in the law for the extension of this period. Section 21(2) enacts that if the opponent does not file a counter statement then, he shall be 'deemed to have abandoned his application'.
  • Further evidence in support of the application and evidence in reply by opponent needs to be filed.
  • If the Examiner is not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.

Trademark Opposition procedure in India:

  • Any person can raise an opposition on a trademark that has been advertised on the trademark journal within 4 months of the ad having been advertised.
  • The trademark opposition is then sent to the applicant who would have the option of filing a counter-statement within 2 months of having received the notice.
  • After going through the opposition notice and the counter statement, the registrar may call for a hearing.
  • After proper verification of evidence, the registrar can either reject the trademark or the trademark application. 

 

Filing Evidence in Support of Application

The applicant must file evidence, if any, in support of application within two months after the receipt by him of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition.

After completion of the formality check and submission of the evidence, hearing is fixed to represent their cases by the opponent as well as the applicant.

If You Do Not Respond a Trademark Opposition

If a trademark is opposed and the applicant does not file a counter-statement, his file will not be considered. It is immaterial whether the failure to file the counter-statement is due to the negligence of the applicant or that of his duly authorized agent.


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