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GUIDELINE

Form TM-46 is used in India for the request to extend the time for filing a counter-statement in response to a notice of opposition in trademark proceedings. It is utilized by trademark applicants who need additional time to prepare and submit their counter-statement effectively. Below is a concise guideline for drafting Form TM-46 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-46: REQUEST FOR EXTENSION OF TIME TO FILE COUNTER-STATEMENT."

Applicant Information: Provide your details, including name, address, and contact information.

Trademark Details: Specify the trademark application and opposition proceeding details, including the application number and date.

Proposed Extension Duration: Clearly state the duration of the extension you require, ensuring it adheres to the relevant regulations.

Reason for Extension: Provide a legitimate and specific reason for requesting the extension, such as the need for additional legal counsel or evidence gathering.

Declaration: Sign and date the declaration, confirming the accuracy and authenticity of the extension request.

Common Mistakes to Avoid:

Incomplete Information: Ensure that all sections are correctly and completely filled out, with no essential details omitted.

Unclear or Insufficient Grounds: Provide a clear, compelling, and detailed explanation for the extension request, demonstrating the necessity.

Failure to Specify Duration: Be precise when stating the duration of the extension required.

Incorrect Classification: Verify that the application and opposition details are accurate to avoid potential errors.

Failure to Sign and Date: Properly sign and date the declaration to validate the extension request.

Lack of Legal Advice: Seek professional guidance to ensure compliance with trademark opposition rules and requirements.

Accurately completing Form TM-46 is essential when seeking an extension of time to respond to a trademark opposition in India. Avoiding common mistakes enhances the likelihood of a successful request and enables applicants to prepare a strong counter-statement effectively.

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