When an application for a trademark is filed, the Registrar after processing the application issues an Examination Report. A positive Examination Report leads to the next step of the registration process, i.e., advertisement in the Trademark Journal. The ultimate purpose of advertisement in the Trademark Journal is “to give an opportunity to any person in the public to oppose the registration of the mark”.
If any person feels that registration of the mark would be unfair then in such a case, the trademark can be opposed.
The Trademarks Act, 1999 prescribes that any person can file a notice of opposition against the trademark within a period of 4 months from the date on which the mark is advertised or re-advertised in the Trademark Journal. An application can be opposed on relative and absolute grounds of refusal as provided under sections 9 and 11 of the Trademarks Act, 1999.
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