Process when a Mark is opposed by a third party

 

  • After following the normal registration process, when the Applicant’s Mark is published in the Government Gazette, three months will be given, any interested party to oppose to the said mark.
  • Within three months from the date of the publication any party to object to Applicant’s Mark must give grounds of oppositions.
  • Then Applicant is allowed to make observations against such grounds, if not the Application will be considered as abandoned.
  • If the Intellectual Property Office is satisfied with the grounds of the oppositions, then Applicant’s Mark will be refused,
  • Or opposing party may be given a hearing.
  • Upon such hearing, if the Intellectual Property Office is satisfied with the oppositions, then Applicant’s Mark may be refused, if not then Applicant’s Mark will be accepted.
  • Either way, either party can challenge in Commercial High Court against the decision of the Intellectual Property Office.
  • If the Applicant’s Mark is accepted by the Courts, the Applicant will be called for the Registration Fee.
  • Upon payment and completion of the Fee, Applicant’s Mark will be registered as a Trademark.
  • After such registration Applicant must maintain the registered Trademark.

 

Flowchart of the process when a Mark is opposed by a third party