Lexorbis

Lexorbis

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Lexorbis
Lexorbis
Lexorbis
Lexorbis
Lexorbis
Lexorbis
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Geographical Indications
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Any person can oppose the registration of geographical indication by giving a notice in writing of opposition to the registrar within a period of three months from the date of advertisement of the application in the Journal.
Notice of Opposition
The Notice of Opposition has to be given in triplicate setting out the grounds of opposition. Where notice is given with respect to a single application, it shall bear the fee with respect to each class of the application. Where opposition is made with respect to a particular class for classes, the application shall not proceed for registration unless the applicant makes request for division of the application. In respect of the remaining classes, the application shall proceed for registration.
Verification of the Notice
Verification of the notice by the opponent is a must. The opponent is required to state as to what is verified by his knowledge and what is verified upon information received and believed to be true. Such a verification shall be signed by the opponent and shall also contain the date and place of verification.
Counterstatement
The registrar shall serve a copy of the notice to the applicant. The applicant has to send a counter statement to the registrar within two months from the date of receipt, stating the grounds that he relies on for making the application. If the applicant does not do so, he shall be deemed to have abandoned his application. Like the notice of opposition, the counterstatement also has to be made in triplicate and has to be verified by the applicant. The Registrar shall serve a copy of the counterstatement to the opponent within a period of two months from the date of receipt of the counterstatement.
Evidence
Within a period of two months (extendible to three months) from the date of receipt of the counterstatement, the opponent shall submit the evidence in support of his application. Alternatively, he can intimate the registrar in writing that he does not intend to adduce any evidence but only desires to rely on the facts alleged in the notice. The opponent is required to deliver the copies of the evidence that he has submitted with the registrar to the applicant. If the opponent does not do so, he shall be deemed to have abandoned his notice.

The applicant within the period of two months (extendible to three) form the date of the receipt of the affidavit of the opponent or the intimation that he does not desire to adduce the evidence, shall adduce the evidence in support of his application with the registrar and also deliver the copies of the evidence to the opponent. In case the applicant does not desire to adduce any evidence but seeks to rely on the facts in the counterstatement, he shall accordingly intimate the registrar as well as the opponent. In case the applicant relies on any evidence already left by him with the registrar, he shall deliver a copy of the same with the opponent.

Within one month (extendible to two) from the date of receipt of the evidence of the applicant, the opponent may submit further evidence strictly in reply to the matters raised in the application and deliver the copies of it to the applicant. Unless the registrar grants a leave, no further evidence shall be left by either of the parties.
Hearing and decision
Ordinarily, within three months from the date of completion of the evidence, the registrar shall give both the parties one-month notice of hearing. Within 14 days from the date of the receipt of the notice the party who intends to make an appearance shall intimate to the registrar. The party that does not notify within that period shall be considered as not desiring to be heard and the registrar shall proceed ex-parte.

A request for not more than two adjournments for a period of one month each can be made by either of the parties by showing sufficient cause. But if the applicant is not present at the adjourned date of hearing of the application, the registrar shall treat the application as dismissed. Similarly, if the opponent is not present on the date of the hearing and has not notified his intention to appear at the hearing, the opposition shall be deemed to have been abandoned and the application shall proceed for registration.After hearing the parties and considering the evidence the registrar shall consider whether or subject to what limitations the registration shall be granted. The registrar while considering the applicant can also take into accounts the grounds that have not been agitated by the opponent.

If the opponent after giving the notice and the applicant after sending a counter statement does not reside or carry business in India, the registrar may require such party to give security for the cost of the proceedings being carried on before him.
Lexorbis
Lexorbis
Lexorbis
Lexorbis
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Lexorbis