1. After filing of trade mark application, it is examined by Trade Mark office.  On scrutiny of the application, if it is found in order, it is accepted by the Registrar of Trade Marks.
  1. The next stage is advertisement of Trade Mark in the Trade Mark Journal for intimation of general public.  It is open for opposition for a period of 4 months from the date of advertisement.  If there is no opposition, the mark is registered, and registration certificate issued within few weeks thereafter.  If the mark is opposed, then it takes a de tour and the registration depends on the outcome of the opposition proceedings.  Considering the abundance of online data and weekly publication of Trade Mark Journal, it is time to reduce this period.
  1. An opposition can be filed by any person.  It is not necessary for the applicant to be 'a person interested'.  The opposition can be filed on various grounds including:
  1. The opponent has better rights on the trade mark being a prior registered proprietor or user;
  2. The user claim in the application is false;
  3. The examination of the application was not proper;
  4. The application is contrary to provisions Trade Mark Act or any other law.
  1. The Opposition is served on the Applicant by the Trade Mark office.  The Applicant is required to file counter statement within 2 months of the service of Opposition.  If a counter statement is not filed, the application is deemed to be abandoned.
  1. The counter statement is served on the Applicant by the Trade Mark office.  The Opponent is required to file evidence by way of affidavit with documents within 2 months of recipt of counter statement, which is extendible by 1 month only.  If the Opponent does not file evidence or files a statement that he relies on the grounds of opposition, the opposition is deemed to be abandoned and application proceeds to registration.
  1. The Opponent is required to serve a copy of evidence upon the Applicant.  The Applicant is then required to file evidence by way of affidavit with documents within 2 months of recipt of counter statement, which is extendible by 1 month only.  If the Applicant does not file evidence or files a statement that he relies on the grounds of counter statement, the application is deemed to be abandoned.
  1. The Applicant is required to serve a copy of evidence upon the Opponent.  The Opponent has the option of filing Rejoinder evidence by way of affidavit with documents within 1 months of recipt of affidavit, which is extendible by 1 month only. 
  1. The parties have the option of filing further evidence by seeking leave of the Registrar of Trade Mark.  Such leave can be sought by filing an application before the Registrar of Trade Marks. 
  1. Considering that the proceedings are original proceedings, the deponents of affidavits can be summoned for cross examination amongst other procedures.
  1. The Opposition is then taken up for oral arguments by the Registrar of Trade Marks.  The parties are heard, and an order is passed on the merits of the case. The cause list for hearing is available on the Trade Mark office portal.
  1. Considering the huge backlog at the Trade Mark office, it takes couple of years for an opposition hearing even though the pleadings are complete and set for a hearing.  The Trade Mark office has taken many steps to reduce the backlog like service of Opposition and Counter statement by email.  However, it will take lot of effort to get rid of the backlog at the hearing section. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.