Trademark Opposition In Sikkim
Trademark opposition in Sikkim comes in the later period when the registrar has approved the trademark application on the grounds of distinctiveness and has published the third -party opposition in the trademark journal
Who can oppose a trademark application in Sikkim?
A Trademark can be opposed by any person during the trademark application stage. According to Section 21 of the Trademark Act, irrespective of his or her commercial interest or personal interest in the matter any person can oppose a trademark in Sikkim. A trademark can be countered by another person or any competitor. Also, the person filing the trademark opposition in Sikkim needs to a registered trademark owner.
Who decides whether the trademark should be abandoned or registered in Sikkim?
Once the trademark opposition in Sikkim is filed, both parties need to conclude whether the trademark should be abandoned or registered. There is no restriction on filing a trademark opposition in Sikkim. So, if any individual thinks that the published mark might create confusion amongst the masses then the public can file for trademark opposition while defending the trademark is totally in the hands of the registrants.