What if I missed my Trademark reply of opposition

631 votes

Deadline is absolute Two months from date of receipt of notice by you. If you have received notice through email not physically then still you have something to fight for (in court). Contact your Attorney he would be able to guide you properly.

Advocate Sudhir Kumar LawRato

541 votes

There is no remedy if you have not responded to a notice of opposition. There is no extension to file a counter- statement which means that if any party fails to file a counter statement within 2 months of receiving the notice, he shall be deemed to have abandoned his application.

Advocate Kamakshi Shrivastava LawRato

681 votes

Dear Sir,
Unfortunately, you will have to get directions from Court and only then you will be able to do so. Nonetheless, let me see your case and check if I can do something from the TM office.
Thanks,
Vivek

Advocate Vivek Ranjan LawRato

943 votes

The only remedy which is available with you right now is to file cancellation of trademark, once the same has been registered. There is no scope of filing opposition after the statutory time period i.e 2 months.

Advocate Shreshth Jain LawRato

509 votes

You can do following -
01. You can file the same along with the proper explanations of not filing the reply on time seeking condonation of such time period which you have taken to file the reply. Your explanation should be such which just, reasonable and valid based on which authority can pardon your delay in filing the reply.
2. Or you can let this application go as 'abandoned' as nothing wrong will happen if you do so. It just meant that you choose not to pursue this file any longer. In future you can file a fresh application seeking same logo registration as trademark with new proof that you have been using it since long and now you should be allowed to have trademark over the same.

Advocate Pulkit Prakash LawRato