Evidences are not filled by the Opponent within time limit under Trademark, What should be the next step for Respondent?
If the opponent in a trademark opposition proceeding in India has not filed evidence within the prescribed time limit, the respondent may consider filing a request for dismissal of the opposition. The respondent may argue that the opponent has failed to make out a prima facie case for opposition and has not complied with the mandatory requirements of filing evidence in support of the opposition.
Alternatively, the respondent may also choose to file evidence in support of their case. In this scenario, the respondent should be mindful of the timelines for filing evidence in rebuttal, as provided under the Trade Marks Rules, 2017.
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