INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
under the current Indian trade mark law. The four-month period is strict, and failure to file an opposition within this timeframe results in the forfeiture of the right to oppose. Once an opposition is filed, the applicant and the opposing party can enter into negotiations to reach an amicable resolution. This informal “cooling-off period” is not explic - itly prescribed under the Trade Marks Act 1999, but parties often mutually agree to request an adjournment of proceedings to facilitate nego - tiations. If an amicable resolution is reached, the oppo - nent can withdraw its opposition by filing an appropriate application before the Registrar of Trade Marks. Under the Trade Marks Act 1999, there are statu - tory limitations and specific time periods for fil - ing revocation or cancellation actions: Revocation or Cancellation of a Trade Mark A trade mark can be revoked or cancelled on several grounds, such as non-use, lack of dis - tinctiveness, or if it was registered in bad faith. Time limitations • Non-use revocation: A trade mark can be revoked if it has not been used for a con - tinuous period of five years from the date of registration and three months before the date of the application for cancellation. • Bad faith or other grounds: There is no spe - cific statutory time limit to file for revocation or cancellation on grounds such as bad faith, lack of distinctiveness, or violation of proce - dural requirements. Such actions can be filed anytime during the validity of the trade mark registration.
• Well-known marks or prior rights: Cancellation can be sought at any time if the trade mark violates the rights of a prior well-known or registered mark. Grounds for Cancellation of Copyright Registration A copyright registration can be challenged or cancelled if it was obtained through fraud or misrepresentation. Time limitations: The law does not specify a strict time limit for challenging copyright registration. However, general principles of limitation laws in India may apply, which could restrict challenges to within three years from the date when the fraud or misrepresentation was discovered. 5.2 Legal Grounds for Filing an Opposition or Cancellation There are no specified grounds of opposition under the statutory law, but an opposition is broadly based on absolute or relative grounds as stated under the Trade Marks Act 1999. Besides this, an opponent could also raise objection with regard to the proprietorship of the trade mark opposed, prohibitions contained in Section 13, absence of consent in writing in Section 14, etc. 5.3 Ability to File an Opposition or Revocation/Cancellation Filing of Opposition Any person may give a notice of opposition to the registration of a trade mark, regardless of whether the opponent has any commercial or personal interest in the matter or is a prior reg - istered trade mark owner. The question of bona fides of the opponent does not arise. The pre - scribed official government fee to file an opposi - tion against any advertised mark is USD40, and attorneys’ fees are USD885.
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