Trademark Application-filing evidence for it

During the process of trademark registration, trademark application can be stopped for further processing by the trademark examiner.

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Trademark Application Evidence:

Evidence filed in favour of a trademark application must be given on affidavits. Be that as it may, in unique cases, The Trademark Registrar might likewise permit oral evidence in support of a trademark application, at his/her discretion.

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Trademark Evidence Affidavit:

  • The trademark evidence affidavit must be duly stamped, be drawn up in first person, be divided into paragraphs that are consecutively numbered and be confined to one subject.
  • the affidavit must also state the address of the person making the affidavit, the name and address of the person filing the affidavit and the name and address of the person on whose behalf its being filed.
  • All trademark affidavit must be taken before a court or person having by law authority to receive evidence, or before any officer empowered by such court to administer oaths or to take affidavits.
  • In case the affidavit is being executed overseas, then the affidavit must be taken before a diplomatic or consular officer or before a notary public or before a Judge or Magistrate, of the country.
  • The person before whom an affidavit is taken should state the date on which and the place where the affidavit is taken and affix his/her seal and sign his/her name.

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Filing Evidence in Support of Application:

The applicant can file evidence, if necessary, in support of a trademark application within two months of receipt of copies of affidavits in support of opposition or intimation that the opponent does not desire to adduce any evidence in support of his opposition. In case additional time is required to reply, the trademark applicant may request for extension of filing period by not more than a month, by filing form TM-56.

Non-Filing of Evidence:

In case the opponent or application does not file any evidence, when required, then the application or opposition is deemed to have been abandoned. Once the application or opposition is abandoned, then the registration process progresses as per the applicable facts.