In Bhutan, any individual or entity wishing to oppose a trademark has a period of three months from the date of its publication in the Trademark Journal to file an opposition. The relevant provisions governing trademark opposition are outlined in Section 27 of The Industrial Property Act of the Kingdom of Bhutan, 2001, and Rule 47 of the Industrial Property Rules, 2001.
Procedure of Trademark Opposition
- Notice of Opposition: To initiate the opposition, the opposing party must file a notice within three months of the mark’s publication. This involves submitting Form No. 10 along with the applicable fee and supporting evidence, if any. The notice should clearly state the grounds for opposition, referencing Section 24(i) and 25(3) of The Industrial Property Act of the Kingdom of Bhutan, 2001
- Counterstatement: Upon receiving the notice of opposition, the Registrar will forward a copy to the applicant. The applicant is then required to file a counterstatement within two months of receiving the notice. This counterstatement should outline the grounds for the application and may include supporting evidence. If the counterstatement is not submitted within the specified timeframe, the application will be considered abandoned.
- Hearing and Decision: After the counterstatement is filed, the Registrar will send a copy to the opponent. If either party requests a hearing, the Registrar will arrange for it and hear both the sides. If no hearing is requested, the Registrar will make a decision regarding the registration of the trademark based on the submitted documents and evidence.
- Appeal: Any decision made by the Registrar can be appealed to the Court. Such an appeal must be filed within two months from the date of the decision.
Documents required
- Power of Attorney: a duly executed and notarized power of attorney, which is signed by the Opponent.