Which of the following remedy or remedies is /are available to the Opponent if the opposition was…
After an opposition has been validly abandoned, the aggrieved opponent can challenge the resulting registration by seeking rectification before the Registrar or the High…
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Which of the following remedy or remedies is /are available to the Opponent if the opposition was abandoned under rule 45(2) of Trade Marks Rules, 2017? a) Can file a rectification before the Registrar b) Can file a rectification before the High Court c) Can file another Opposition under Section 21 d) Can file a Petition for condonation of delay before the Registrar Choose the correct answer from the options given below:
Answer and explanation
Correct answer A
After an opposition has been validly abandoned, the aggrieved opponent can challenge the resulting registration by seeking rectification before the Registrar or the High Court under section 57. Rectification is a challenge to an entry in the register and does not reopen the abandoned opposition itself. A timely extension request that prevents abandonment must be distinguished from seeking to condone delay after a valid abandonment.
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