.-[(1) A notice of opposition to the registration of a trade mark under sub-section (1) of section 21, with such particulars as specified in rule 48, shall be given in duplicate in form TM-5 within four months from the date of publication of the Trade Marks Journal in which the application for registration of the trade mark was advertised or re-advertised.] [Substituted by Notification No. G.S.R. 21 (E) dated 14.1.2013 (w.e.f. 26.2.2002)](2)Where a notice of opposition has been filed in respect of a single application for the registration of a trade mark, it shall bear the fee in respect of each class in relation to which the opposition is filed in Form TM-5.(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 remaining class or classes shall not proceed to registration until a request in Form TM-53 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 trade mark, 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 an opposition is pending.(5)All notices of opposition to the registration of a trade mark for goods or services received in respect of a particular Journal shall be published in the Journal:Provided that nothing in this sub-rule shall be construed to presume that all remaining trade marks from a particular journal so published shall automatically proceed to registration.(6)[***] [Omitted by Notification No. G.S.R. 21 (E) dated 14.1.2013 (w.e.f. 26.2.2002)](7)A copy of 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.
