PART 3
Evidence series in trademark opposition
Rule 45[1]
In an opposition within a period of 2 months of counterstatement, the opponent should rig out evidences as per his desire to support his opposition in form of an affidavit under Rule 45 to strengthen his side of the case. If the opponent fails to file the evidence, the opposition may deem to be withdrawn or abandoned. The disclosure of information may also lead to settlements and negotiation between the parties. Copies of this evidence will be submitted before the Registrar along with a copy of applicant
Rule 46 [2]
Later on, after 2 months of receiving the affidavit and evidence the applicant shall here furnish the evidence which supports his application in form of affidavit Under Rule 46, [3]copies of this evidence along with the exhibits and should be submitted to the registrar and one copy should be forwarded to the opponent. Applicant here can solely rely on the facts as per stated in the counterstatement and choose to waive of this step. If the opponent does not file evidence, the opposition may be deemed to be withdrawn. If the applicant fails to submit evidence in support of application or a waiver letter within the prescribed time of 2 months the Trademark application shall be abandoned
Rule 47
Further the opponent will again be given an opportunity to provide evidence in support to their opposition within one month form the receipt of the evidence from the applicant which is called as Evidence in reply by opponent Under Rule 47, in such case if the document is in language other than Hindi or English it should be translated in Hindi or English and submitted to the Registrar and copy should be provide to the opposite party [4]
BY
RASHI OSWAL
B.A. L.L.B 4th Year
DES NAVALMAL FIRODIA LAW COLLEGE, Pune
[1] https://selvams.com/kb/in/trademarks/filing-evidence-support-opposition/
[2] https://selvams.com/kb/in/trademarks/filing-reply-evidence-support-opposition/
[4] https://companiesinn.com/manage-business/trademark-opposition