Trademark opposition ?
'Trademark opposition' means an opponent of the approval of a trade mark within 4 months after the publicity of the trade mark being objected, submitted by third parties. Application An opposition can be filed by any citizen, either natural or legal, with the Registry. This covers all individuals, businesses, alliance companies and trust companies (s). Notably, no business interest or previous registered trademark in the Registry is required for the individual filing the opposition.
The measures to file an opposition are as follows:
Filling of a declaration to refuse a notification : any person planning to file a notice shall contain pertinent data to be given, the particulars of the competent request in question, the information of the opposing party and the grounds of appeal. The notification shall be filed within 4 months of the mark's ads. The copy is only submitted to the claimant concerned if the Registry is happy with the notice. The claimant shall be entitled to file a counter-statement 2 months from the date of receipt of the notice, or the registry may deem the application as discontinued.
Proof filling: the adversary is obliged to apply evidence by affidavit within 2 months after receipt of the counter argument by copy (which is extendable by 1 month). If the competitor loses, the opposition may be viewed as abandoned and the appeal will be reported. Similarly, two months for the submission of similar proof with the registrar are given for the appellant. On request, the Registrar can prolong the filing period by 1 month. If the claimant wants to provide no evidence, instead of depending on the facts specified in the counter declaration, the Registrar and the opposing party should be told in writing. Where applicable, the parties may subsequently request additional facts.
Hearing of the parties: The Tribunal shall give a hearing notice stating the date on which the parties shall be heard upon conclusion of the process of evidence. The Registrar can forward such a notice at least 1 month before the first hearing date. Whoever wishes to appear can contact the registrateur by sending the appropriate form within 14 days after receipt of such a note. No party doing that can be seen as unable to be heard and should execute their duty accordingly by either entity. The registrar can consider, after hearing the opponent and the application, whether the application of the trademark in question has been denied or whether the opposition has been revoked.
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