Trademark Opposition Notice

BEFORE THE REGISTRAR OF TRADE MARKS NOTICE OF OPPOSITION UNDER SECTION 21 OF THE TRADE MARKS ACT, 1999 IN THE MATTER OF Application No. [application_number] for registration of the mark "[opposed_mark]" in the name of [applicant_name], advertised in the Trade Marks Journal No. [journal_number] AND IN THE MATTER OF OPPOSITION THERETO BY: [opponent_name] [opponent_address] ... OPPONENT The Opponent hereby gives notice of opposition to the registration of the above application, on the following grounds: 1. THE OPPONENT'S PRIOR RIGHTS [opponent_prior_rights] The Opponent is the prior adopter, prior user and registered proprietor of its mark, which has acquired substantial goodwill and reputation through continuous and extensive use, and which is exclusively associated with the Opponent in the minds of the trade and the public. 2. GROUNDS OF OPPOSITION [grounds_of_opposition] 3. FURTHER GROUNDS 3.1 That the impugned mark is identical with, or deceptively similar to, the Opponent's prior mark, and is sought to be registered in respect of identical or similar goods or services. Its registration is therefore liable to be refused under Section 11 of the Trade Marks Act, 1999, there being a likelihood of confusion on the part of the public. 3.2 That the impugned mark is devoid of any distinctive character in relation to the goods or services applied for, and is liable to be refused under Section 9 of the Act. 3.3 That the use of the impugned mark is likely to deceive the public and to cause confusion, and its registration would be contrary to Section 11. 3.4 That the Applicant is not the proprietor of the impugned mark, and the application has not been made in good faith. The adoption of the mark is dishonest and is calculated to trade upon the Opponent's established goodwill. 3.5 That the Applicant has not used the impugned mark, and has no bona fide intention to use it in relation to the goods or services applied for. 3.6 That registration of the impugned mark would be contrary to the provisions of the Act and would cause irreparable injury to the Opponent, to the trade and to the public at large. 3.7 That the balance of convenience lies wholly in favour of the Opponent. 4. RELIEF SOUGHT The Opponent therefore prays that the Registrar be pleased to: (a) Refuse registration of Application No. [application_number] in its entirety; (b) Award the costs of these opposition proceedings to the Opponent; and (c) Grant such other relief as the Registrar may deem fit. Place: ______________ Date: [notice_date] [opponent_name] OPPONENT Through ______________________ AGENT / ADVOCATE FOR THE OPPONENT CRITICAL TIME LIMIT Under Section 21 of the Trade Marks Act, 1999, a notice of opposition must be filed WITHIN FOUR MONTHS of the date of advertisement or re-advertisement of the application in the Trade Marks Journal. This period is strict. After the notice is served on the applicant, the applicant must file a counter-statement within two months, failing which the application is deemed abandoned. Evidence is thereafter filed by both sides within the periods prescribed by the Trade Marks Rules, 2017.