How can a trademark be opposed in India? How to initiate trademark opposition proceedings in India?
Period within which Opposition can be filed- The Act prescribes that any person can file notice of opposition against the trademark within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. The Notice of Opposition can be filed along with evidence in support of application.
An application can be opposed on relative and absolute grounds of refusal as provided under Sections 9 and 11 of the Act.
Procedure after filing of Notice of Opposition
The Registrar shall within two months from the date of receipt of notice of opposition, serve a copy of the same Pursuant to filing of opposition, the Registrar shall serve a copy of the notice of opposition on the applicant of the opposed mark;
After receiving the notice of application, within two months, the applicant of the opposed mark shall send to the Registrar counter statement in the prescribed manner specifying the grounds alongwith the evidence on which he relies for his application;
If the applicant fails to file counter statement within the stipulated time, then the applicant’s mark shall be deemed to have been abandoned;
Thereafter, the Registrar shall serve the counter statement on the Opponent;
After hearing the parties and considering the evidence, the Registrar shall decide whether the trademark is to be accepted or not
The decision of the Registrar made in the opposition proceedings can be challenged by an aggrieved person by filing an appeal before the Intellectual Property Appellate Board.