On Acceptance of the trademark u/s.20(1), it is Advertised in the Trademark Journal for a mandatory period of 4 month. During the Advertisement, an application for Opposition can be filed by any person (natural & unnatural, both) u/s.21(2) of the Act. It is interesting, the act says – whether a person aggrieved or not, may file its Opposition against the grant of the mark with a detailed Grounds of Opposition. In the Opposition, the Opponent must mention all those situations, facts in its support.
It is important to mention here that an Opposition can be based upon only the violation of the provisions of the Act & Rules and/or for an identity or a deceptive similarity which causes a confusion and/or deception among the general people, the traders, the dealers etc. Be it noted that the Opposition can be filed within the period of the Advertisement of the mark, only.
asguptaadvocate@yahoo.com
+91-9891665001
Shresth Legal & Trademarks Office: C-120, 7th Avenue, Gaur City-1, Sec.4, Delhi NCR, NOIDA-201318
Branch Office: my 2nd address --- 59, Kundan Nagar, Delhi-110092
Copyright © 2024 Shresth Legal All Rights Reserved