Requirements of Notice of #Opposition: Content and Drafting of #Trademark_Opposition
“Opposition” means an opposition to the registration of a trademark or a collective trademark or a certification trademark, as the case may be and includes an opposition to grant of protection to an international registration designating India and opposition to alteration of registered trademark;
A notice of opposition to the registration of a trademark shall be filed within four months from the date of publication of the trademark journal in which the application for registration of the trademark was advertised or re advertised. A notice of opposition shall contain:
Details of Application against which opposition is entered:
(i) the application number against which opposition is entered;
(ii) an indication of the goods or services listed in the trademark application agains which opposition is entered; and
(iii) the name of the applicant for the trademark.
Details of the earlier trademark or the earlier right on which the opposition is based:
(i) where the opposition is based on an earlier trademark, a statement to that effect and an indication of the status of earlier trademark;
(ii) where available, the application number or registration number and the filing date, including the priority date of the earlier trademark;
(iii) where the opposition is based on an earlier trademark which is alleged to be a well-known trademark within the meaning of sub-section 2 of section 11, an indication to that effect and an indication of the country or countries in which the earlier trademark is recognised to be well known;
(iv) where the opposition is based on an earlier trademark having a reputation within the meaning of paragraph (b) of sub-clause (2) of section 11 of the Act, an indication to that effect and an indication of whether the earlier trademark is registered or applied for;
(v) a representation of the trademark of the opponent and where appropriate, a description of the trademark or earlier right; and
(vi) Where the goods or services in respect of which earlier trademark has been registered or applied for or in respect of which the earlier trademark is well known within the meaning of sub-section (2) of section 11 or has a reputation within the meaning of that section, the opponent shall when indicating all the goods or services for which the earlier trademark is protected, also indicate those goods or services on which the opposition is based.
Details of the opposing party:
(i) where the opposition is entered by the proprietor of the earlier trademark or of the earlier right, his name and address and an indication that he is the proprietor of such trademark or right;
(ii) where opposition is entered by a licensee not being a registered user, the name of the licensee and his address and an indication that he has been authorised to enter the opposition;
(iii) where the opposition is entered by the successor in title to the registered proprietor of a trademark who has not yet been registered as new proprietor, an indication to that effect, the name and address of the opposing party and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or, where this information is not available, was sent to the appropriate office; and
(iv) where the opposing party has no place of business in India, the name of the opponents and his address for service in India.
Details of grounds on which the opposition is based.
Grounds on which opposition party opposing the registration of conflicting Trademark application.
A notice of opposition shall be verified at the foot by the opponent or by his duly authorised agent.
The person verifying shall state specifically by reference to the numbered paragraphs of the notice of opposition, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
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