After the hearing, the Registrar of Trademarks has the task of weighing the evidence, arguments, and statutory provisions to issue a decision. This decision determines whether the application moves forward to registration or is refused.
1. Registrar’s Decision
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Acceptance of Application
If the opposition fails, the application is accepted and the mark proceeds to registration, followed by issuance of the registration certificate. -
Rejection of Application
If the opposition succeeds, the application is refused, and the opposed mark does not proceed further. -
Conditional Acceptance
In some cases, the Registrar may accept the mark subject to limitations (for example, restricting use to a particular colour, style, or class of goods/services).
The Registrar’s decision is communicated to both parties in writing and recorded in the official Registry.
2. Consequences of Not Appearing
If either party fails to attend the hearing without seeking an adjournment, the Registrar can pass an ex parte decision (a decision in favour of the present party). This highlights the importance of active participation at every stage.
3. Appeal Against the Decision
If either side is dissatisfied with the Registrar’s order, they can challenge it before the High Court (post the dissolution of the Intellectual Property Appellate Board in 2021).
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Time Limit: Appeals must generally be filed within three months of the Registrar’s order.
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Grounds for Appeal: Can include misapplication of law, failure to consider evidence, or procedural irregularities.
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Relief: The High Court may uphold, overturn, or modify the Registrar’s decision.
4. Finality and Enforcement
Once no appeal is filed within the prescribed time—or after the High Court has given its ruling—the matter attains finality. At that point:
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If the applicant wins → The trademark is registered and enforceable.
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If the opponent wins → The application is blocked, and the mark cannot be registered.
| Stage | Outcome |
|---|---|
| Registrar’s Decision | Accept, reject, or conditional acceptance of the application |
| Communication | Decision notified in writing to both parties |
| Appeal | File with High Court within 3 months of the decision |
| Finality | Registration granted/refused once appeal window closes |
The Registrar’s decision is the pivot point in the opposition process. It decides whether years of branding effort gain statutory protection or meet a dead end. While appeal rights exist, a strong strategy during the opposition phase—supported by evidence and clear argument—is the surest way to secure success.
