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