Once both sides have exchanged their core evidence in a trademark opposition, the opponent has one final opportunity to respond—this is called reply evidence under Rule 47 of the Trade Marks Rules, 2017. This stage allows the opponent to counter the applicant’s claims just before heading into the hearing.
When and How to Submit Reply Evidence
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Timeline: The opponent has one month from receipt of the applicant’s evidence (submitted under Rule 46) to file their reply evidence.
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Format: The reply evidence should be submitted as an affidavit, accompanied by all applicable exhibits or supporting documents. Like previous stages, you must file with the Trademark Registry and serve a copy to the applicant.
Is It Mandatory?
No, this stage is optional. If the opponent decides not to file reply evidence, the opposition still proceeds to hearing.
However, submitting well-structured reply evidence can significantly bolster the opposition’s position—especially in addressing new arguments or materials the applicant introduced.
| Element | Details |
|---|---|
| Timeframe | Within 1 month of receiving applicant’s Rule 46 evidence |
| Submission | Affidavit and exhibits, filed with Registry and served on the applicant |
| Mandatory? | Optional, but recommended for strengthening opposition |
| Next Step | If submitted, proceed to hearing; if not, proceed directly to hearing |
Reply evidence gives the opponent the chance for a final factual rebuttal. If the applicant introduces new arguments or data, this is your chance to respond before the oral hearing. Now that everyone’s deck of facts is on the table, it sets the stage for an informed, balanced hearing.
