Trademark Opposition New Rule and Old Rule comparison

Trademark Opposition New Rule and Old Rule comparison

Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.

The following table clarifies the replaceable Rule numbers under the new rule 2017.

Trademark Act/Rules Act 1999 Old Rule 2002 New rule 2017
Notice of Opposition 47 42
Requirements of Notice of Opposition 48 43
Counterstatement 49 44
Evidence in Support of Opposition 50 45
Evidence in Support of Application 51 46
Evidence in Reply by Opponent 52 47
Further Evidence 53 48
Exhibits 54 45, 46, 47 respectively
Translation of Documents 55 49
Hearing and Decision 56 50
Security for Costs 57 51
58 52
Act
Opposition to Registration 21(1)
Counter statement 21(2)
Evidence 21(4)
Security for the Costs, if opponent not residing in India 21(6)

With Warm Regards
DG

Devarajan. G. M.A. LL.M.(Oxford Brookes, UK)
Advocate, IP Attorney

Rules in Text

Trademark Rules 2017

Leave a Reply