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Delayed Trademark registration

(Querist) 19 May 2009 This query is : Resolved 
Dear experts,

If trademark application (which is opposed) is delayed for want of fixation of hearing date, is there any remedy?

Facts :- In a pending case, the Trademark registry expresses (orally) its inability to fix the hearing date since there are lot of pending cases awaiting disposal;

Tks.
A V Vishal (Expert) 19 May 2009
Dear Mr Subramanian

According to The Trade Marks Act, 1999, it prescribes time limit for notice and counter statement to opposition of the application. Since, in the instant case presuming that you have filed a counter statement against the notice of opposition within the time limit as per the notice of the registry, you may have to wait until the application comes up for hearing. My only advise is that what ever application, request you make, should be in writing and a acknowledgement of the receipt of the same duly acknowledged to avoid any future disputes.
Swami Sadashiva Brahmendra Sar (Expert) 20 May 2009
ditto


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