Any party who wishes to file the opposition can file it once the mark is published in the trademark gazette.
Procedure for trademark opposition:
- Filing of Notice of Opposition:
- After the mark is published in the Official Gazette:
- Any interested party may file an opposition within 90 days.
- The opposition must be submitted in the prescribed manner i.e., The notice of opposition must include the factual and legal basis along with the evidences in support of the opposition.
- Registrar Notifies the Applicant:
- Upon receiving an opposition, the Registrar promptly sends a copy of the notice to the applicant.
- Applicant’s Counter-Statement:
- The applicant must respond within the prescribed period i.e., two months’ time period and submit a counter-statement defending the application.
- Failure to respond means the applicant is considered to have abandoned the registration.
- Hearing and Final Decision:
- If a counter-statement is submitted:
- The Registrar sends a copy to the opposing party.
- A hearing may be held if either party requests it.
- After reviewing both sides and the merits of the case, the Registrar decides on the legitimacy of the mark.