Evidence Stage In Trademark Opposition Process
After the filing of a Counter Statement the Registrar serves a notice of the same to the Opponent. The Opponent either notifies the Registrar of its satisfaction regarding the Applicant’s mark or files additional evidence supporting his claims. The filing of evidence must be done within a duration of 2 months from the date of receiving the Counter Statement from the Registry. Such a deadline may further extend to one more month if the opponent is in need of such extension. The evidence has to be filed with an affidavit and the copy of the same shall be served to the Applicant. In case the Applicant fails to inform the Registrar about his intention to not file any further claims or to generate any evidence within the specified time, the Registrar shall presume that the opposition is satisfied.
Filing Of Evidence By Applicant
Once the additional evidence is filed by the Opponent, two months’ time is provided by the Registrar to the Applicant to file evidence favoring the validity of its mark or inform the Registrar of his intention to not file any further evidence. An extension of one month can be provided to the Applicant if he seeks such extension before the specified time period of two months. The evidence has to be filed with an affidavit and the copy of the same shall be served to the Opponent.
Response Of The Opposition
Once the Applicant has filed the evidence in support of his mark, an additional time duration of one month is provided to the Opponent to file his evidence and such evidence must be straight and direct in response to the evidence produced by the Applicant. According to the procedure, an interlocutory application has to be filed along with the evidence if the parties fail to file the evidence within the prescribed time span. The interlocutory petition must state the reasons for such delay along with a prayer to the Registrar to pardon such delay. A copy of the Petition is provided to the other party and the Registrar may call for a hearing. Registrar may approve the petition in the interest of justice if he considers the reasons to be reasonable and justified.
The Registrar has discretionary power to permit either of the parties to file additional evidence in support of their claims.
Where either party fails to file the evidence when required then the Applicant’s trademark or Opposition is considered to have been abandoned.
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