Section 43(1)(b) in The Trade Marks Rules, 2017

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Union of India - Subsection

Section 43(1)(b) in The Trade Marks Rules, 2017

(b)in respect of the earlier trademark or the earlier right on which the opposition is based,-

(i)where the opposition is based on an earlier trademark, a statement to that effect and an indication of the status of earlier trademark;

(ii)where available, the application number or registration number and the filing date, including the priority date of the earlier trademark;

(iii)where the opposition is based on an earlier trademark which is alleged to be a well-known trademark within the meaning of sub-section 2 of section 11, an indication to that effect and an indication of the country or countries in which the earlier trademark is recognised to be well known;

(iv)where the opposition is based on an earlier trademark having a reputation within the meaning of paragraph (b) of sub-clause (2) of section 11 of the Act, an indication to that effect and an indication of whether the earlier trademark is registered or applied for;

(v)a representation of the trademark of the opponent and where appropriate, a description of the trademark or earlier right; and

(vi)Where the goods or services in respect of which earlier trademark has been registered or applied for or in respect of which the earlier trademark is well known within the meaning of sub-section (2) of section 11 or has a reputation within the meaning of that section, the opponent shall when indicating all the goods or services for which the earlier trademark is protected, also indicate those goods or services on which the opposition is based.

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Union of India - Subsection

Section 43(1)(b) in The Trade Marks Rules, 2017