Section 11:
Opposition to registration.
(1) Any person may, within three months from the date of the
advertisement or re-advertisement of an application for registration or within such further period, not
exceeding one month in the aggregate, as the Registrar, on application made to him in the prescribed
manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to
the Registrar of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two
months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send
to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his
application and if he does not do so, he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the
person giving notice of opposition.
(4) Any evidence upon which the opponent and the applicant may rely shall be submitted in the
prescribed manner and within the prescribed time to the Registrar, the Registrar shall give an opportunity
to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide,
after taking into account any ground of objection whether relied upon by the opponent or not.
(6) When a person giving notice of opposition or an applicant sending a counter-statement after
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require
him to give security for the costs of proceedings before him and, in default of such security being duly
given, may treat the opposition or application, as the case may be, as abandoned.