Documents required to file a Trademark Opposition

In order to file a Trademark Opposition, you’ll need the following documents in the course of the opposition proceedings:

Authorization Documents: In case if the proceedings are taken up on behalf of the parties by their authorized agents, the parties will need to file a signed Power of Attorney in their foavour authorizing them to deal with the opposition proceedings on their behalf.

Evidence in Support of Notice of Opposition/Counter-Statement: The evidence you must present in this case must be comprehensive. You must present all proof, regardless of how tiny it may appear; even a grain of information can be reliable during trademark opposition proceedings.

Simply stated, as an opponent, you’ll need the following documents:

Notice of Opposition to the trademark

Proof to back up your claim

Agent Authorization (if any)

As a trademark registration applicant, you’ll need the following documents:

Counter-statement to the Notice of Opposition

Proof to back up your claim

Agent Authorization (if any)

In the case of a trademark opposition, the procedure for adducing evidence is as follows:

A trademark application can be opposed by an opponent by submitting TM-O during the trademark publication period. In any event, the trademark applicant has the option of responding to the opposition by filing counter statement in support of the trademark application.

Evidence in support of the Opposition for a Trademark

Rule 45 of the Trademark Rules, 2017 deals with evidence in support of opposition. It states that-

Within two months of receiving a copy of the counterstatement, the opponent must either file such evidence by way of affidavit as he may desire to adduce in support of his opposition or file a letter in writing that he does not wish to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence, including exhibits, that he leaves with the Registrar under this sub-rule and shall also submit to the Registrar, the proof of service of the same to the Applicant.

Evidence in support of the Application for a Trademark

Rule 46 of the Trademark Rules, 2017 deals with evidence in support of application. It states that-

Within two months of receiving copy of affidavits in support of opposition or notification that the opponent does not wish to adduce any evidence in support of his opposition, the applicant shall file its evidence by way of affidavit as he wishes to adduce in support of his application and shall deliver to the opponent copies thereof or shall notify the Registrar and the opponent that he does not wish to adduce any evidence in support of his opposition. the applicant shall deliver copies of the affidavit to the opponent, including any exhibits, and must notify the Registrar in writing of such delivery.

Affidavits must be used to provide evidence by parties in trademark opposition proceedings. However, under exceptional circumstances, the Trademark Registrar may, at his or her discretion, allow oral evidence to be given by parties in trademark opposition proceedings.

Trademark Evidence Affidavit

The trademark evidence affidavit must be properly stamped, written in the first person, organised into sequentially numbered paragraphs, and limited to one subject. In addition, the document must include the name of the person who is making the affidavit and the name and address of the person on whose behalf the affidavit is being submitted, alongwith the authorization document, in cases where the Application/opposition is moved by an entity/organization.

Evidence that hasn’t been filed

The application or opposition is declared abandoned if the applicant or opponent fails to file any proof within the given time period. After the application or resistance is dropped, the registration process moves forward according to the facts.