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ARTICLE · 30 APRIL 2014

Analytical Approach: Rights Of A Person To File Opposition And Rectification

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The Trademark Act, 1999 has provided liberty to the person whose interest is hampered by the registration of a trademark to oppose the same.

IndiaIntellectual Property
Himanshu Sharma
Himanshu Sharma
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INTRODUCTION:

The Trademark Act, 1999 has provided liberty to the person whose interest is hampered by the registration of a trademark to oppose the same. This right is provided under section 21 of the Act wherein anyone can oppose a trademark before the registration when the trademark is published in the Journal. In addition to the same, a person aggrieved can apply for the cancellation of registered trademark under Section 47 and 57 of the Act.

Although on a simple reading it seems that anybody can oppose or apply for the cancellation of a trademark but as per law the rights mentioned in these sections are provided to the people of different categories.

WHO CAN FILE OPPOSITION?

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