Trademark Opposition Reply

Once the notice of opposition is submitted then you are required to file a counter-statement within 2 months. In case, if you fail to file a counter-statement, the applicant is deemed to have abandoned your application.

Don’t worry, if you are able to file evidence within a stipulated time, then you can file it later as ‘future evidence’. Anyway, this should go with an interlocutory appeal clarifying the explanations the reason delay in filling of the said proof and requesting Registrar's authorization to overlook the delay.

Considering the tremendous backlog at the Trade Mark s Registry, it is hard to gauge the specific timeframe for the finish of the opposition proceeding. Generally, it takes 3-4 years for challenging the opposition to be decided.

Any individual or entity, including customers, competitors, or any member of the public, can oppose a trademark application. The opposer does not need to have a prior registered trademark or a direct commercial interest in the matter.

The notice of opposition is ought to be documented at the trademark registry where the application for the filling opposition on a trademark has been recorded. For example, if the application is documented at the Delhi office of the Trade Mark Registry, at that point the opposition procedures would be started in Delhi as it were.

Once the evidence is filled by the opposition parties, the next would be hearing at the trademark registry. This registry office call both the parties to submit the oral submission. The parties will receive prior notice from the registry office. The registry will examine the evidence and hearing both the parties concerns and they pass the written orders. In case, if any party disgruntled by the decision he/she can file an appeal at Intellectual Property Appellate Board.

If the applicant fails to respond within two months, their application is deemed abandoned.