Reply to opposition tm 6
Querist :
Anonymous
(Querist) 17 November 2011
This query is : Resolved
Dear Experts,
My client has received the opposition TM 5 and from that date already two months has passed. There is no point in giving reply in TM 6 anymore as the mark is liable to be abandoned in due course. Suggest me is there any way the application can be saved.
Thanks and Regards in advance
Devajyoti Barman
(Expert) 17 November 2011
Give the details of on what ground the TM is opposed.
Is there a similarity of TM or it is prohibited or due to some other reasons?
Querist :
Anonymous
(Querist) 18 November 2011
Dear Expert,
This was opposed on the ground of similar mark. The record with the Trademark Office has a date of dispatch of TM 5 on 25.02.2011 and the client must have received it after that, however the client is unable to provide the details as to when actually the TM 5 was received. Now the TM Office says that the 2 months stipulated time to reply back has to be counted from the date of dispatch of TM 5 from Trademark office for applicant. If that is the case then the stipulated time ends on 25.04.2011 (2months). Now being the month of November 2011 the application will be abandoned in due course. The same is still as opposed in the public site.
My question before you is whether there is any way TM 6 can be filed on this date.
Secondly whether the date of dispatch of TM 5 from TM office is correct.
What is the remedy to save the application.
Regards and Thanks in advance
