When the Trademark is advertised in the Trademark Journal, then third party can oppose the registration of the Trademark within the 4 months from the date of the Trademark journal made available to the public. Normally the following person opposes the registration of Trademark:
• The owner of an earlier Trademark application or registration covering a similar Trademark for similar goods
• A person who has used the same or a similar Trademark prior to the client, but who has not sought registration of the Trademark
The Opposition procedure is explained as under
• The Opposition Notice is filed on Form No. TM-O within four months from the date of publication of the Trademark
• The Trademark Registry office sends one copy of the Notice of Opposition Notice on TM – O to the Applicants
• The Applicants sends his Counter- Statement in triplicate on Form No. TM- O to the Trademark Registry
• The Trademark Registry then sends one copy of the Counter Statements to the Opponents (who has filed Opposition).
• On receipt of the Counter Statement, the opponents file their evidence by the use of Affidavit supported by documentary evidence of the use and advertisement of the mark to the Trademark Registry and also send one set of his evidence to the Applicants simultaneously.
• On receipt of the documents from the opponents, the Applicants file their evidence by way of Affidavit and documentary evidence of the use and advertisement 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 one month
• After completion of these formalities, the Trademark Tribunal fixes a date and time for addressing arguments by both the parties through their attorneys.