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Procedure for Trademark Opposition in Bhutan

On publication of a trademark in the Trademarks Journal, any person can file an opposition against registration of the said trademark by filing a notice of opposition within the prescribed period of 3 months from the date on which the mark was published in the Journal.

A trademark application can be opposed in Bhutan on grounds given under Section 24(1) and 25(3) of the Industrial Property Act of 2001. Once an opposition is filed against a trademark a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to present his observations on the grounds of opposition within 2 months, failing which the application shall be treated as abandoned.

Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter. After hearing the parties, the Registrar shall decide whether the trademark shall be registered or not. If the Registrar decides to register the mark, then if-

  • no appeal is preferred against his decision, upon the expiry of the period within which an appeal may be preferred against his decision ;
  • an appeal is preferred against his decision, upon the determination of such appeal; the Registrar shall accordingly register the mark.

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