If one party to a case has filed a motion with the court, the opposite side can file an “opposition.” An “opposition” is a written statement describing briefly to the judge why the opposite side is not authorized to do whatever he is demanding in his motion. It is a candidate’s opportunity to oppose the opposite request.
Yes, there will be a deadline. You must file your opposition with the court within ten days after the other side delivers the motion to you. If you receive the motion in the mail, you get an additional three days from the date it is mailed.
If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side’s motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.
Yes. After you write your opposition, you need to file your opposition with the court clerk. To learn more about filing, click to visit Basics of Court Forms and Filing.
Statutorily, Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms, and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.
The various grounds on the basis of which a person may initiate Opposition Proceedings are:
- The trademark is similar or identical to an earlier or existing registered trademark.
- The mark is devoid of distinctive character.
- The mark is descriptive in nature.
- Application for the trademark is made with bad faith.
- The mark is customary in the current language or in the established practices of business.
- The trademark is likely to deceive the public or cause confusion.
- The mark is contrary to the law or is prevented by law.
- The trademark is prohibited under the Emblem and Names Act, 1950
- The mark contains matters that are likely to hurt the religious feelings of any class or section of people.