TRADEMARK OPPOSITION FLOWCHART IN INDIA
The Trademark Opposition Flowchart in India presents the various stages involved in trademark opposition procedure in India.
Trademark Opposition in India
The Trademark Act, 1999 enumerates statutory provisions for opposition to trademark registration under Section 21 of the Act.
- It states that any person within 4 months from the date of publication of the trademark in the Trademarks Journal oppose the mark by filing a notice of opposition against the mark. The notice of opposition is to be filed in the prescribed manner alongwith the prescribed manner.
- On receiving the copy of notice of opposition, the applicant shall file a counter statement within 2 months from the date on which the applicant received the notice of opposition from the Registrar.
- If the opponent and applicant rely on any evidence then they shall also file evidence by way of affidavit with the Registrar. The statutory provision under Section 21 further requires providing of opportunity to be heard to the parties.
- Thus, after hearing the parties and considering the evidence (if any), the Registrar shall decide whether and subject to what conditions or limitations (if any), the trademark registration to the applicant is to be permitted.
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