A trademark may handle to the registrar in form TM-40 of a registered proprietor for the modification of the statement relating to his trademark registration existing as to bring that specification into conformity with the modified designation.

 The specification in respect of any registered users shall include a request for the conversion of an application include under that registration.The registered proprietor shall provide a copy of the application for the registered users of the trademark.

 The registrar to declare in writing to the registered proprietor and to the registered users. A proposal showing the form which is viewed by the registrar and the change of the register should take in result of the proposed conversion.

 Where two or more trademark registration existing the same data and in regard of goods or services which fall within the same class under the changed or substituted classification may be combined upon conversion to following with this rule.

 The sub-rule (2) of the proposal referred and it to be advertised in the journal.

 The Form TM-41 notice of opposition to such proposal shall be given in triplicate within months from the date of the advertisement. The aggregate of such period within one month is not exceeded and shall be followed by a statement in triplicate showing how the provisions of sub-section (1) of section 60 of the proposed changes would break.

 Under the registration of trademark any registered users there in question.For such notice and statement shall also be followed by as many copies thereof as there are trademark registered users.

 The registered users within two months send an each copy of the notices and the report to the registered proprietor and to each registered user. The receipt of such copies within two months from the registered proprietor may deliver to the registrar in Form TM-6. A retort in triplicate setting is fully out on the ground on which the opposition is challenged.

 If the registered proprietor assigns such counterstatement the registrar shall serve a copy thereof on the notice of resistance giving the person within two months. The further procedure for the removal of the opposition shall be regulated by the provisions of the registration rules.

 If there is no objection within the time specified in sub rule (4) or in case of opposition of the conversion of the statement is allowed.The proposal as allowed shall be advertised in the journal and all the required entries shall be made in the register trademark.

Opposition of a trademark

A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may file an opposition with the Registry. This includes any individual person(s), companies, partnership firm(s) and trust(s). Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry.

Following are the grounds under which an opposition may be filed:

 The mark which is devoid of any distinctive characteristic or includes indications which may serve in trade to designate quality, quantity, intended purpose, values, geographical origin or the time of production.

 The mark is likely to deceive the public or cause confusion. This includes any mark which may be identified with an already registered trademark or that have become customary in the practice of trade.

 The mark contain matters which are likely to hurt the religious sentiments of any class or section of people.

 The mark is prohibited under the Emblem and Names Act, 1950.

Following are the steps to file an opposition:

 Filling a Notice of opposition: Any person who wishes to file a notice is required to mention important specifics concerning, details of the opposed application, details of the opposing party and grounds for opposition. Such notice must be filed within 4 months of the advertisement of the mark. If the Registry is satisfied with the notice, it will then serve a copy to the concerned applicant. The applicant has 2 months from date of receipt of the notice to file a counterstatement or else the Registry may deem the application of the trademark as abandoned.

 Filling of Evidence: The opponent upon receiving a copy of the counterstatement is required to file evidence by way of affidavit within 2 months (which is extendable by 1 month) from the date of receipt of the counterstatement. If the opponent fails to do so, the opposition will be treated as abandoned and the application may proceed towards registration. Similarly, the applicant is also provided with 2 months for filing similar evidence with the Registrar. The Registrar may, upon request extend the period of filing by 1 month. If applicant does not wish to submit any evidence and wishes to instead rely on facts already stated in the counter statement, should be intimated in writing to the Registrar and the opponent. If required, the parties may file additional evidence subsequently.

 Hearing of the parties: Upon completion of the evidence stage, the Tribunal generates a hearing notice specifying the date on which the parties will be heard. Such a notice must be sent by the Registrar at least 1 month before the date of first hearing. Within 14 days from the receipt of such notice, whoever intends to appear will notify by submitting the relevant form to the Registrar. Any party who fails to do so may be treated as not desiring to be heard and the matter may proceed accordingly. After hearing the opponent and the Applicant, the Registrar is liable to decide whether the concerned application of trademark is refused or has the opposition been cancelled.