Home / Trademark Opposition
Opposition to registration of trademark can be done under Section-21 of the Trade Marks Act, 1999. Any person may, within four months from the date of the advertisement of an application for registration of trademark, may oppose such registration.
After the acceptance and publication of the trademark in the trademark journal any person can oppose the same within a period of 4 months from the date of publication of the trademark.
After receiving the notice of opposition by the trademark applicant the applicant is required to file counter statement within a period of 2 months from the date of receiving the copy of such notice.
It is mandatory for the opponent to file evidence in support of his opposition application within a period of 2 months from the receipt of counter statement.
It is mandatory for the trademark applicant to file evidence in support of his application within a period of 2 months from the receipt of evidence tiled by the opponent.
Once evidence is submitted by the opponent as well as the applicant a notice of hearing is issued to both the concerned parties by the registrar,
thereafter, on the date of hearing oral arguments can placed before the registrar by both the parties.
After hearing both the parties, the Registrar issues an order on the maintainability of the opposition application and his order is binding on both the parties however, it is an appealable order and the appeal can be filed in the respective High Court.
+ Tax
Includes drafting and filing of opposition or filing reply to notice of opposition/counter statement and providing reference of case laws to support the counter statement
+ Tax
Includes drafting and filing of opposition or filing reply to notice of opposition/counter statement and providing reference of case laws to support the counter statement.
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