Purpose and Relevance

• Evidence in support of opposition is submitted by the opponent to substantiate the claims made in the Notice of Opposition.
  
• It strengthens the opposition by providing documented proof and factual support.
  
• This stage follows the filing of the counter-statement by the applicant.
  
• The objective is to demonstrate that the opposed trademark should not proceed to registration.
  

Legal Requirement and Format

• The evidence must be submitted in the form of a duly notarized affidavit, signed by the opponent or an authorized representative.
  
• The affidavit should include a narrative of facts, clearly organized and supported by exhibits.
  
• All documents submitted as exhibits must be referenced, labeled, and annexed properly.
  
• The affidavit should adhere to the rules of the Trade Marks Act, 1999 and Trade Marks Rules, 2017.
  

Types of Acceptable Evidence

• Proof of prior use of the trademark, including invoices, packaging, advertisements, and brochures.
  
• Evidence of distinctiveness or reputation, such as sales figures, market reports, and media coverage.
  
• Details of conflicting registrations or applications owned by the opponent.
  
• Any legal orders or decisions in favor of the opponent concerning the same or similar mark.
  
• Documentation showing the likelihood of confusion, dilution, or bad faith on the part of the applicant.
  

Filing Timeline and Procedure

• The evidence must be filed within two months from the receipt of the applicant’s counter-statement.
  
• It can be filed physically or electronically through the Trade Marks Registry.
  
• If the opponent chooses not to file evidence, they may inform the Registry of their intention to rely solely on the Notice of Opposition.
  
• Failure to file evidence or notify reliance may result in dismissal of the opposition.
  

Strategic Importance

• Well-prepared evidence can influence the Registrar’s decision in favor of the opponent.
  
• It allows the opponent to present a comprehensive argument, supported by factual and legal grounds.
  
• Strong evidence improves the chances of refusing the applicant’s mark and protecting the opponent’s rights.
  
• It lays the foundation for further action, including appeal or enforcement proceedings, if necessary.