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Under the Trade Marks Act, 1999, when an application for registration of a trademark has been accepted and either the application has not been opposed and the time for opposition has expired, or the…

Question and options

Under the Trade Marks Act, 1999, when an application for registration of a trademark has been accepted and either the application has not been opposed and the time for opposition has expired, or the application was opposed and it has been decided in favour of the applicant, the Registrar may
  1. register the trademark unless the opponent appeals against the decision
  2. reject the application
  3. register the trademark unless the central government has directed otherwise
  4. register the trademark only after a fresh hearing of the applicant

Answer and explanation

Correct answer: C - register the trademark unless the central government has directed otherwise
Section 23(1) of the Trade Marks Act, 1999: once the application is accepted and either unopposed after the opposition period or the opposition is decided in the applicant's favour, the Registrar shall register the mark, unless the Central Government otherwise directs. Registration is not held back for an opponent's appeal or for a fresh hearing of the applicant, and rejection is not the course at that stage.

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