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The Act prescribes that any person can file Notice of Opposition against the registration of a Trademark within four months from the date of advertisement of impugned trademark in the Trademark Journal/ Gazette.

Opposition Process

1

Notice of Opposition-TM- 5/O

Notice of Opposition has to be filed within four months from the date of publication of trademark in the Trademark Gazette/ Journal.

2

Counter Statement-TM-6/O

That the Counter Statement has to be filed within two months from that date of receipt of the Notice of Opposition.

3

Affidavit in Support of Opposition Under Rule 45

The Affidavit In Support of Opposition under Rule 45 has to be filed within two months from the date of receipt of Counter Statement.

4

Affidavit in Support of Application Under Rule 46

The Affidavit In Support of Application Uner Ruke 46 has to be filed within two months from the date of receipt of Affidavit in Support of Opposition Under Rule 45.

5

Affidavit in Reply by Opponent Under Rule 47

The Affidavit In Reply by Opponent under Rule 47 has to be filed within one month from the date of receipt of Affidavit in Support of Application under Rule 46.

6

Final Hearing & Decision

The learned Registrar of Trademark after the closure of evidences, shall give notices to the parties of the first date of hearing.

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