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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
India
The Trade Marks Act, 1999 prescribes that any third party can oppose the registration of a trademark, as long as it has sufficient cause to believe that the existence of the trademark application would lead to confusion or deception among the relevant trade public.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
5.2
Who has standing to oppose a trademark application?
 
India
Section 21 of the Trade Marks Act, 1999 states that any third party may oppose the registration of a trademark in the prescribed manner and on payment of the prescribed fee as laid down under law. The third party need not necessarily be the registered owner of a trademark. Such a party can be a purchaser, customer or a member of the public likely to use the goods and/or services. As long as the third party has sufficient cause to believe that the existence of the trademark in question would lead to confusion among the relevant trade public, it may proceed to oppose the trademark.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
5.3
What is the timeframe for opposing a trademark application?
 
India
A third party may oppose a trademark application via a notice of opposition, which must be filed within four months of the date of publication of the trademark in the Trademarks Journal. This period is not extendable under any circumstance.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
5.4
Which body hears oppositions?
 
India
An opposition hearing board, comprised of hearing officers, is constituted by the Office of the Controller General of Patents, Designs and Trade Marks. A hearing officer conducts the opposition hearings at the respective office of the Trademarks Registry.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
5.5
What is the process by which an opposition proceeds?
 
India
The trademark opposition procedure involves the following steps:

  • Filing of notice of opposition/counterstatement: Any party wishing to oppose a trademark can do so by filing a notice of opposition on the prescribed form along with the prescribed fee within four months of publication of the trademark. A reply to the opposition, via a counterstatement, must be filed within two months of receipt of the notice of opposition. If the trademark applicant fails to file a counterstatement within the stipulated timeframe, the trademark shall be deemed abandoned. An extension to file a counterstatement is not available.
  • Filing of evidence in support of opposition: Within two months of receiving the counterstatement, the opponent may provide evidence in support of the opposition in the form of an affidavit. The opponent may also write to the registrar and to the applicant, stating that no evidence will be adduced, but that the facts stated in the notice of opposition will be relied upon. If the opponent takes neither of the aforementioned steps, the opposition is deemed to have been abandoned.
  • Filing of evidence in support of application: Within two months of receiving the evidence/intimation of waiver by the opponent, the applicant must file evidence in support of its application. The applicant also has the option to waive the right to submit any evidence by submitting a letter to the registrar and the opponent.
  • Filing of evidence in reply: Within one month of receiving evidence/waiver, the opponent again has the option to file additional evidence in support of the opposition, in order to rebut the evidence produced by the applicant.
  • Hearing: Based on the notice of opposition, counterstatement and evidence filed in support of the same, the registrar shall call for a hearing. The parties must notify the registrar of their intention to appear at the hearing. The matter is then heard by the registrar and decided on the merits. If the registrar decides in favour of the applicant, the trademark will be registered, and the registration certificate will be issued. If the registrar decides in favour of the opponent, then the trademark application will be rejected.
For more information about this answer please contact: Essensee Obhan from Obhan & Associates
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
India
The decision of the registrar in the opposition proceedings can be challenged by filing an appeal before IPAB within three months of the date of receipt of the decision.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates