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Opposition - Coggle Diagram
Opposition
1.Essential requirements for filing of Notice of Opposition
Rule 41
Within 3months
extension for 1 month
Form GI-2 (A)
Triplicate
Fees Rs. 1000 for each class
Filed only before the Registrar of
Geographical Indications at Chennai
Copy of notice of opposition server by Registrar within 2 months
Who can apply
Section 14
Any person
2.Counter-statement
Rule 43
Fee Rs. 1000/-
Within two months
Form GI-2 (B)
Copy of counter statement of opposition server by Registrar within 2 months
3.Evidence in support of Opposition by the Opponents
Rule 44
Form GI-9(C)
Request for One month of Extension
Fee Rs. 300/
Opponent can file evidence by affidavit in support of opposition or intimate the Registrar
Filled within 2months of expiry of counter statement
Opponent deliver to the applicant copies of evidence in support of opposition filed by him, under intimation to the Registrar
If opponent fails to take action of requirements ,opponent will be deemed to have abandoned his opposition
5.Evidence in reply by opponent
Rule 46
Evidence filed by the Opponent within one month from the receipt of the copies of the applicant's affidavit
Form – GI – 9 (C)
Fee Rs. 300/
6.Hearing and decision
Rule 50
Registrar shall give notice within three months, upon completion of the evidence
First hearing - Within 14 days of notice
Any party who intends to appear shall notify the
Registrar in writing.
sufficient cause is shown
Not more than 2 request of adjournment
adjournment for one month each by either parties can be
allowed
Form – GI – 9 (C)
Fee Rs 300/
If applicant is not present at the adjourned date of hearing and also not notified his intension to appear the hearing
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4.Evidence in support of Application by the Applicant
Rule 45
Form – GI – 9 (C)
Fee Rs. 300/
Applicant can file such evidence by way of affidavit in support of Application or intimate the Registrar
Evidence filed by the Applicant before the expiry of the two months period, from the date of receipt of the Evidence.