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Bare acts > Trade and Merchandise Marks Rules, 1959 > Rule 102
 
  


 

102. ADVERTISEMENT BEFORE DECISION AND OPPOSITION, ETC. – (1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the Journal before deciding it.

(2) Within three months from the date of advertisement under sub rule (1), or within such further period, not exceeding one month in the aggregate, as the Registrar may allow, any person may give notice of opposition to the application on Form TM-39 and may also send therewith a statement of his objections. The notice and the statement, if any, shall be sent in triplicate. In case there are any registered users under, the registration of the trade mark in question, such notice and statement shall also be accompanied by as many copies thereof as there are registered users. A copy each of the notice and statement shall be transmitted forthwith by the Registrar to the registered proprietor and to each registered user, if any, and within two months from the receipt by the registered proprietor of such copies he shall send to the Registrar on Form TM-6 a counter-statement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counter-statement the Registrar shall serve a copy thereof on the person giving notice of opposition and the provisions of rules 53 to 60 shall apply mutatis mutandis to the further proceedings of the opposition. The Registrar shall not refuse the application merely because the registered proprietor has not filed a counterstatement. In any case of doubt any party may apply to the Registrar for directions.

(3) If there is no opposition within the time specified in sub-rule (2), the Registrar shall, after hearing the applicant if he so desires, allow or refuse the application and shall communicate his decision in writing to the applicant.

 

 

 

 

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