If the application is opposed, the status on the E-Register will reflect as “OPPOSED“. This happens when a third party files an opposition to the registration of your trademark.
According to Sec. 21 of the Trade Marks Act, 199, any person may oppose the registration after the application for registration of the trade mark has been advertised by the Registrar. The procedure for opposition to the registration of the trade mark under Sec. 21 is as follows:
1. Notice of opposition by any person – After the Registrar has advertised or re-advertised the applicant for registration of the trade mark, any person may oppose the registration within three months from the date of advertisement or re-advertisement of the application. The period of three months may be extended by another period of one month.
2. Counter Statement by the Applicant for Registration – The Registrar serves a copy of notice of opposition on the applicant for registration. Within two months of receipt of the notice of opposition the applicant for registration has to send to the Registrar, a counter statement of the grounds on which the application is relied, failing which the trademark application will be abandoned and cannot be revived. No extension of time is granted for filing the counter statement.
3. Notice of counter statement to the opponent – When the applicant sends a counter statement of the grounds on which the application is relied upon, the Registrar sends a copy of such statement to the opponent.
4. Registrar to hear the applicant and opponent – The Registrar gives an opportunity of being herd to the applicant and to the opponent upon the receipt of grounds of opposition from the opponent and the counter statement of the ground on which the applicant relies his application for registration.
Case Law: Raymond Ltd. v. Chankya Beverages [2002 (24) PTC 52 (Bom)]
The Bombay High Court held that the counter statement not filed by the applicant for registration within a prescribed period is deemed to have abandoned his application for registration.
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