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March 20, 2026

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Failure To File Evidence Within The Prescribed Time Limit Leads To The Opposition Being Deemed Abandoned?”

Featuring: Megha Hurkat

A Legal Issues Seminar – General IP (LIS-GIP) was conducted by Megha Hurkat, Associate, on the issue: “Whether failure to file evidence within the prescribed time limit leads to the opposition being deemed abandoned?” The seminar examined the procedural framework under Section 21(4) of the Trade Marks Act, 1999 and Rules 45 and 46 of the Trade Marks Rules, 2017 governing the filing of evidence in opposition proceedings. The discussion explored the interpretational issue that arises when evidence is not filed within the prescribed timeline and whether such failure automatically results in the opposition being deemed abandoned. While some decisions emphasize strict adherence to procedural timelines, others have taken the view that procedural lapses should not defeat substantive rights, and that non-filing of evidence should only restrict a party’s ability to rely on additional evidence rather than result in abandonment of the opposition.

The Presentation can be accessed here.

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