Hello Auditor

What is the duration of opposition proceedings in India?

Statutory Timelines

  • Opposition must be filed within four months from the date of advertisement of the trademark in the Trademark Journal.
  • The applicant is given two months to file a counter statement after receiving the opposition notice.
  • Evidence stages include two months each for the opponent and applicant, with one month for rebuttal evidence by the opponent.
  • These timelines are fixed under the Trade Marks Rules, 2017 and are strictly followed.

Practical Duration

  • While statutory stages are time-bound, practical delays often extend the opposition process.
  • On average, opposition proceedings may take 18 to 24 months to conclude.
  • The timeline may vary depending on registry workload, adjournments, and hearing availability.
  • Complex cases with multiple hearings or parties may extend even longer.

Delays and Adjournments

  • Requests for adjournments by either party can slow down the process.
  • Registry backlogs or administrative delays may push hearing dates.
  • Improper filings or non-compliance with procedural rules also contribute to time extensions.
  • Technical issues in online submissions can occasionally cause setbacks.

Hearing and Decision Timeline

  • Once the evidence phase ends, the Registrar schedules a hearing—often several months later.
  • Hearings may be conducted in person or via video conferencing, depending on registry practice.
  • After the hearing, the Registrar usually takes a few weeks to several months to deliver the written decision.
  • Final updates to the trademark register follow the issuance of this decision.

Conclusion of Proceedings

  • Proceedings formally conclude once the Registrar issues the final order.
  • If the opposition is dismissed, the application moves to registration.
  • If the opposition is allowed, the application is refused and closed.
  • Either party has the right to appeal the decision, which may further extend the overall timeline.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *