Trademark Opposition in India

Once a trademark is advertised in TM Journal, it is posssible to file Trademark Opposition within 4 months from the date of such advertisment. No further extension is available. No evidence is required to be filed while filing the Opposition, only the grounds for opposition are to be specified. Only when the Applicant for the Trademark files a counter statement, such evidence in support of Opposition is to be filed within 2 months or within one month of extension thereafter. The evidence in support of Opposition has to tendered with the Trademark Registry along with supporting documents and a copy of the evidence excluding documents has to be supplied to other party. 

Counterstatement to the Opposition:

Once a notice for the Opposition has been served a counter statement in support of the Application, countering the grounds of the Opposition is to be filed within 2 months of receipt of notice of Opposition. If no such counterstatement is filed, the Application shall be deemed to have been abandoned. 

Hearing:

Once the evidence from both the parties are lead, the Registry shall issue a notice for hearing and 10 days before such hearing, a request with fee must be filed with the Registry indicating that such hearing shall be attended.