Rule 42

42. Notice of Opposition. –

(I) A notice of opposition to the registration of a trademark under sub-section (l) of section 21, with such particulars as specified in Rule 43, shall be filed in form TM-0 within four months from the date of publication of the trademark journal in which the application for registration of the trademark was advertised or re-advertised.

(2) Where a notice of opposition has been filed in respect of a single application for the registration of a trademark for different classes of goods and services, it shall bear the fee in respect of each class in relation to which the opposition is filed.

(3) Where an opposition is filed only for a particular class or classes in respect of a single application made under sub-section (2) of section 18, the application for the remaining class or classes shall not proceed to registration until a request in Form TM-M for division of the application together with the divisional fee is made by the applicant.

( 4) Where in respect of a single application for the registration of a trademark no notice of opposition is filed in a class or classes, the application in respect of such class or classes shall, subject to section 19 and sub-section ( 1) of section 23, proceed to registration after the division of the application in the class or classes in respect of which opposition is pending.

(5) A copy of the notice of opposition shall be ordinarily served by the Registrar to the applicants within three months of the receipt of the same by the appropriate office:

Provided that where the applicant has already filed the counter statement on the basis of the copy of the notice of opposition made available in the electronic records on the official website, the requirement of service of a copy of the notice of opposition to the applicant shall be dispensed with.