Hello Auditor

What is the role of Registrar in opposition proceedings?

Oversight and Administration

  • The Registrar of Trade Marks oversees and manages the entire opposition process.
  • Ensures that all parties comply with statutory timelines, formats, and procedures.
  • Maintains accurate records of notices, counter-statements, evidence, and hearings.
  • Issues official communications and updates the application status at each stage.

Scrutiny of Documents

  • Reviews the Notice of Opposition to verify its admissibility and compliance.
  • Confirms that the counter statement is submitted within the prescribed period.
  • Monitors the filing of affidavits and supporting evidence from both parties.
  • Has the authority to reject filings that are incomplete, non-compliant, or improperly formatted.

Conducting Hearings

  • Schedules and conducts quasi-judicial hearings to hear both parties’ arguments.
  • May summon parties to present oral submissions and clarify their positions.
  • Allows parties to be represented by advocates or trademark agents.
  • Ensures the hearing is conducted fairly and in accordance with the principles of natural justice.

Evaluation and Decision-Making

  • Examines the merits of the opposition and defense based on the evidence and submissions.
  • Assesses whether the proposed mark meets the legal criteria for registration.
  • Issues a reasoned and written decision either allowing or rejecting the opposition.
  • The decision is binding unless appealed before the High Court.

Authority and Enforcement

  • Has the power to accept, refuse, or conditionally approve the trademark application.
  • Updates the official Trade Marks Register based on the outcome of the proceedings.
  • May order rectification of the register or cancellation of entries if required.
  • Plays a critical role in balancing the interests of applicants, opponents, and the public.

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