Should Oppositions in T.M.s Be Replaced With Likes Of S.19 Everywhere? And My Dilemma That’s Still Trying To Build Like Bob The Builder!

 

This is another of mine proposed Theory, just alike others (of course all Protected)!

So, here’s the new theory goes! You’ve this provision in every IP Office, in case of Trademarks, the Registrar bearing the power to recall its decision of acceptance i.e. withdrawing the acceptance of any trademark before the registration itself! Correct?

Now, herein my theory comes into picture! Can this provision be Expanded for the Opposition as well, as in the said case also, one files for the opposition only before the registration of the mark? But what it will achieve? Instead of having the mark as Opposed, directly, the provision of the Rectification would come, once the trademark is registered! That further means, within the statutory period to file for the opposition, now the proposed opponent, would file for the opposition NOT under the ambit of R. 42-47, but, now under the ambit of S.19 only, wherein, in both the cases, complaint + evidence stage should be completed in one stage only, instead of Opposition-CS-Evidence-Reply Stage; and then, before the Acceptance, let the provision of S.19 be Expanded; wherein, instead of the opposition now, a Complaint to the Registrar be filed, seeking for the withdrawal of the Acceptance of the Mark! And in the amendment of the said Section, instead of the hearing of the Applicant only, now include, hearing of both the Applicant and the Opponent after filing of the evidence stage! This would be robust!

What this will achieve? As in my earlier proposed theories, and I always redress the problems of the delay in the decisions, this would Order for the decision faster. Secondly, both the evidence stages would be completed in one Complaint itself, rather than, as cited in the herein above para!

And as usual, if in case the mark got accepted, then, the provision of Rectification is already present?

Thus, S.19 or maybe one more additional rule for filing of the procedural evidences, would now be covered!

Am I missing something? Is the architectural diagram of this Theory a good idea for Bob The Builder?😊

© Pranav Chaturvedi