PUBLICATION IN TRADEMARK JOURNAL
In India, trademarks are published in a weekly journal every Monday
NOTICE OF OPPOSITION (within 4 months after advertisement)
Any person can raise an opposition on a trademark that is advertised on the trademark journal within four months of advertisement or re-advertisement.
COUNTER STATEMENT/ REPLY TO OPPOSITION NOTICE (within 2 months)
If an opposition is filed, the tribunal forwards the opposition notice to the trademark applicant. The applicant must file a counter-statement within two months from the date of opposition notice. Failure to do so results in the application being abandoned under Section 21(2) of the Trademark Act
FILING OF EVIDENCE BY OPPONENT (WITHIN 2 MONTHS)
Under Rule 45, the opponent must submit supporting evidence along with an affidavit within two months of receiving the counter-statement notice from the tribunal. A copy must be provided to both the applicant’s attorney and the tribunal. Failure to submit evidence within the timeline will lead to dismissal of the opposition under Section 45(2) of the Trademark Act
FILING OF EVIDENCE BY APPLICANT IN SUPPORT OF COUNTER-STATEMENT (WITHIN 2 MONTHS)
As per Rule 46, the applicant is required to file evidence supporting the counter-statement within two months of receiving the opponent's evidence. If this evidence is not filed within the stipulated time, the application will be abandoned under Section 46(2) of the Trademark Act.
FILING REPLY TO COUNTER-STATEMENT EVIDENCE BY OPPONENT (WITHIN 1 MONTH)
According to Rule 47, after the applicant's evidence is submitted, the opponent has one month to submit any additional evidence in response
