Stage of Evidence Filing

• Evidence filing begins after the applicant submits the counter statement to the Notice of Opposition.
  
• The process consists of three main stages: evidence by the opponent, evidence by the applicant, and rebuttal by the opponent.
  
• Each stage has a specific time frame set by the Trade Marks Rules, 2017.
  
• The evidence helps both parties substantiate their claims before the Registrar.
  

Evidence by the Opponent

• The opponent must file evidence in support of opposition within two months from receiving the counter statement.
  
• This is typically submitted as an affidavit, along with exhibits such as documents, advertisements, invoices, and declarations.
  
• If no evidence is filed, the opponent may choose to rely solely on the facts stated in the Notice of Opposition.
  
• Failure to act within the deadline may weaken the opponent’s position.
  

Evidence by the Applicant

• The applicant must file evidence in support of the application within two months of receiving the opponent’s evidence.
  
• It includes an affidavit with supporting documents such as use of the mark, sales figures, promotional materials, and legal justification.
  
• The applicant can also rely on the counter statement if they choose not to submit new documents.
  
• Timely filing is crucial to maintain the right to defend the application.
  

Rebuttal Evidence by the Opponent

• The opponent may file evidence in reply within one month of receiving the applicant’s evidence.
  
• This stage is optional and limited to matters raised in the applicant’s evidence.
  
• No new grounds can be introduced; it only addresses points already discussed.
  
• It closes the evidence phase of the opposition proceedings.
  

Filing and Procedural Compliance

• All evidence must be filed in the form of a notarized affidavit and submitted through Form TM-O.
  
• Electronic filing through the IP India portal is the standard method.
  
• Exhibits must be clearly labeled and attached in the correct format.
  
• The Registrar then proceeds to schedule a hearing, after which a final decision is made.