One of the significant changes brought by the Trade Marks Rules, 2017, was the removal of the extension provision in leading evidence in support of opposition/application. However, the Intellectual Appellate Board (IPAB) has recently interpreted the amended rules and held that the operation of rule 45(2) is not automatic as there exists a provision under section 131 of the Trade Marks Act, 1999, which empowers the Registrar of Trade Marks to extend the time period for actions for which no specific time limit has been provided and filing of evidence in support of the opposition is one such action.
Omesh Puri discuss about the IPAB interprets extension clause in
trademark disputes in his article published in IBLJ, which can be
viewed at https://www.vantageasia.com/
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