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Trademark Opposition Cost in India @INR2700/-*

Trademark Opposition Cost & Procedure:

The trademark opposition cost in India is INR 2700 – The official fees for filing notice of opposition against a conflicting trademark application in one class is INR 2700/-. The official fees for filing a Counter statement in reply to the notice of opposition is INR 2700/-. The cost involved at various stages in India are as under:

Stage Wise Cost:

On what payable Official Government fees (INR)
1st Phase (FOR OPPONENT) Filing of notice of opposition against the application in one class. (Deadline: within 4 months from the date of the Trade Marks Journal in which the said application was published.) Official fee for filing the notice of opposition in one class would be INR 2,700.
2nd Phase (FOR APPLICANT) Filing of Counter Statement in reply to the Notice of Opposition. (Deadline: within 2 months from the date of receipt of the Notice of Opposition.) Official fee for filing the counter statement would be INR 2,700.
3rd Phase (FOR OPPONENT) Filing of evidence by way of an Affidavit in support of the opposition under Rule 45. (Deadline: within 2 months from the date of receipt of the Counter Statement) No official fee.
4th Phase (FOR APPLICANT) Filing of evidence by way of an Affidavit in support of the application under Rule 46. (Deadline: within 2 months from the date of receipt of evidence in support of the opposition.) No official fee.
5th Phase (FOR OPPONENT) Filing of evidence by way of Rejoinder Affidavit in support of the opposition under Rule 47. (Deadline: within 1 month from the date of evidence in support of the application.) No official fee.

Trademark Opposition Stages in India

Notice of Opposition- Opposition against trademark registration shall be filed within 4 months from the date on which the mark was advertised in the Trademark Journal. The notice of opposition shall comprise of the grounds of opposition and shall be filed in the prescribed form.

Counter Statement- After receiving the notice of opposition from the Registry, the applicant shall file counter-statement within a period of 2 months from the date of receipt of notice of opposition.

Evidence Submission- On receipt of counter statement, the opponent shall either within 2 months either leave with the Registrar such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition.

Hearing- Thereafter, the Registrar conducts hearing and decides whether the trademark in question is accepted or not. The order of the Registrar in the hearing can be challenged by the aggrieved party before the IPAB (Intellectual Property Appellate Board).

The “First Schedule” appended to the Trademark Rules, 2017 provides for the official fees for trademark opposition cost in India and the same can be accessed at this link here.

*The above costs are only the official cost / government official fees. Professional fees not included.

For more information on Trademark opposition cost and trademark opposition procedure, you can write to us at: info@ssrana.com.

For more information please contact us at : info@ssrana.com