Rule 103

103. Advertisement before decision and opposition etc.-

(1) The Registrar shall consider the application made under rule 102 and shall if it appears to him expedient, publish the application in the Journal before deciding it.

(2) Within three months from the date of advertisement under sub-rule (1), any person may give notice of opposition to the application in Form TM-0. A copy of the notice shall be transmitted forthwith by the Registrar to the registered proprietor and each registered user if any, and within two months from the receipt by the registered proprietor of such copies, he shall send to the Registrar in Form TM-0 a counter-statement of the grounds on which the opposition is contested. If the registered proprietor sends such a counterstatement, the Registrar shall ordinarily serve a copy thereof on the person giving notice of opposition within one month and the provisions of rules 45 to 51 shall apply mutatis mutandis to the further proceedings on the opposition:

Provided that where the registered proprietor fails to file the counter statement within the specified time, the application shall be deemed to have been abandoned.

(3) If there is no opposition, within the time specified in sub-rule (2), the Registrar shall, after hearing the applicant if he so desires, allow or refuse the application and shall communicate his decision in writing to the applicant.