Find Out More on Trademark Opposition Procedure in India
• Opponent has to file 3 Copies of the TM Opposition Notice in Form No. TM-5 within 3 months from the date of publication of the Trademark with fee of Rs. 2500 at the Trademark Registry office which in turn sends office 1 copy to the Applicants or Attorney of the Trademark Applicants.
• The Applicant then sends 3 copies of his Counter-Statement on Form No. TM-6 with fee of Rs. 1000/- within 2 months, extendable further for 1 month from the receipt of Notice of Opposition. The Trademark Registry then sends 1 copy of the Counter Statements to the Opponent.
• If the Counter Statement (TM-6) is not filed within the said stipulated period, the applicant shall be deemed to have abandoned the subject application.
• If the Applicant files the Counter Statement, then the opponent has 2 months, extendable further for 1 month upon application to file the Evidence by the use of Affidavit supported by documentary evidence of the use and advertisement of the mark to the Trademark registry and also sends one set of his evidence to the Applicants simultaneously in Support of Opposition. (Evidence can be copy of bill books, advertisement, renewal application, account of profits etc.)
• Additionally the Opponent is given 1 month time to file their evidence of the mark to the Trademark Registry and one complete set to the opponents.
• On receipt of the documents from the Applicants, the opponents file their rebuttal evidence within 1 month.
• Then, the Trademark Tribunal fixes a date and time for Final Hearing with fee of Rs. 1000/.
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