LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     26 February 2010

opposition

Hi,

i received opposition with two months time to reply.  In which manner it can be replied i.e. affidavit or any other. what are other documents required to be filed.  I need to get a document from the opposed party which was mentiuoned in opposition.  Kindly advise me.



Learning

 8 Replies

R.R. KRISHNAA (Legal Manager)     26 February 2010

Assuming that your query is based on trademark matter, I suggest you to file all documents (advertisements invoices, pamphlets, books of accounts, other registration certificates and all other related documents).

 

Regarding getting a document from the opposite side, you can file a application before the registrar of trademarks calling upon the opponent to file the document relied by him in his opposition to prove his statement.  You can obtain a copy therefrom.

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     26 February 2010

 Mr.Krishna,

Thanks for your immediate reply. My doubt is clarified.

Sandeep Bisht (Partner)     02 March 2010

Hi everyone,

Ma'am Uma, you dont need to file any document with your reply at this stage. Make a detailed reply and file it within 2 months. Thereafter let the opponent file its evidences by way of affidavit and then u proceed with your documents to counter it.  

1 Like

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     03 March 2010

Dear sandeep,   Thanks for sending reply.  I need a specimen/profarma of reply/counter statement.  If you can please send it to my id    bumbr23@yahoo.com.   I intend to ask for documents on which opponents relies.  What is the procedure?  Can I apply before filing reply to opposition?

Basavaraj (Asst, Manager-Legal)     27 March 2010

Dear Ma'am Uma,

My name is Basavaraj.R., Working in Bal Pharma Limited at Bangalore, as Senior Officer-Legal. Since our company is doing pharmaceutical products manufacture. We are having more than 1000 trademarks and got registered in concerned Registry.

 

Basically I’m looking all IPR related matters and directly dealing with Trade Mark Registry.

 

I understand your difficulty, but you need not to panic, this is usually course in trade business, as per the Trade Marks Rules 47 any person can object for infringement or passing off their trademark or identical, similar, colouor of their trademark. This defend upon classification. Receiving opposition does not mean that you have done infringement or passing off, it is onus of opponent to prove the similarity between the two rival marks.

 

Now come to the point that as per the Trade Mark Rules 49-The counterstatement required by sub-section (2) of section 21 shall be sent in triplicate in form TM-6 (Rs.1000) within two months from the receipt by you of the copy of the notice of opposition from the Registrar and shall set out copy of the counter-statement shall be ordinarily served by the Registrar to the opponent within two moths from the date of receipt of the same.

 

However you need not to produce any annexure/exhibits/documents with counter-statement. You just deny all the objections with appropriate counter with verification at the end.

 

After receiving your counter-statement the opponent would send you evidence in support of his opposition with all documents from the date of receipt(some time he may request you to send photo copies charges as prescribed in rule 54 of Trade Marks Rules). Thereafter you will have to send his photo copies charges(note that two months will begin only when you receive the copies from the opponent) and further you will have to send your evidence in support of your application from the date of receipt of opponent evidence. Please note that for sending evidence there would be no costs and here you will have to send all supporting documents without fail.

 

Finally, the opponent will have a chance to send again evidence in support of his opposition within one month from the date of receipt of your evidence and there would no further evidence.

 

I hope now your doubt has been cleared.            

            

1 Like

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     29 March 2010

Dear Mr.Basavaraj,

Thanks for your detailed reply.  This is one of the great replies posted and received by me.  I thank you once again.

 

 

AMBUJ KUMAR (PARTNER)     06 April 2010

Dear Ma'm UMA,

 

I am Advocate Ambuj Kumar working in IPR verticals since 2005. I have filed more than 1000 trademarks 400 Copyright, 200 Design  and 55 patent and got registered/ under process in concerned Registry.

 

Basically I’m looking all IPR related matters and directly dealing with Trade Mark Registry as well as at high court matter.

 

I understand your difficulty, but you need not to panic, this is usually course in trade business, as per the Trade Marks Rules 47 any person can object for infringement or passing off their trademark or identical, similar, colouor of their trademark. This defend upon classification. Receiving opposition does not mean that you have done infringement or passing off, it is onus of opponent to prove the similarity between the two rival marks.

 

The counter statement must be filed within two  month from the receipt of Notice of opposition and filed in triplicate in form TM-6 along with govt. fee Rs.1000.

 

However you need not to produce any annexure/exhibits/documents with counter-statement. You just deny all the objections with appropriate counter with verification at the end.

 

I hope now your doubt has been cleared.   


Attached File : 47 47 total ip services.doc downloaded: 140 times
1 Like

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     08 April 2010

Dear Mr.Ambuj Kumar,

I am delighted to your cooperation.  The file attached provided me a torch to proceed further in the new regime of IPR registration.  My heartful thanks to you.  I feel proud to be the member of this club.

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query