Admin 07-14-2021 Legal Terminology

Notice of opposition will halt the process of registration of trademark after the acceptance...

The opposition of Trademark is dealt under section 21 of Trademark Act, 1999. This section says that After the Examiner has accepted the application, it will be published in the Trade Mark Journal for 4 months where any third party can see it if they feels that the Advertised Trademark already exist and similar to their Trademark .Which can cause harm to their Goodwill and Reputation they can file an opposition against it. Notice of opposition will halt the registration process and the applicant has to file the counter statement.

COUNTER STATEMENT: Counter statement is a reply to Notice of opposition which is raised by the third party seeing the Trademark Advertisement on the Journal. Counter statement should be filled by the applicant on Trademark Form 6 with prescribed fee within 2 months of the receipt of the notice. The Trademark application gets abandoned if the applicant fails to file Counter Statement in a given period of time. 

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