JUDGMENT

Petitioner is a private limited company who filed an application for trademark registration for the word 'Muthoottu’. Though the application was numbered on 12.08.2021 as 5084713, an examination report was raised by the Registry of the second respondent. A reply to the examination report was filed by the petitioner and after hearing the issue, the trademark was accepted and advertised in the Trademark Journal on 19.06.2023. Subsequently, the third respondent filed a notice of opposition against the registration of the trade mark with number 1238680. Petitioner filed a counter statement to the aforesaid notice of opposition, which was acknowledged on 07.11.2023 and the third respondent filed evidence under Rule 45 of the Trademark Rules, 2017, beyond the period stipulated and hence petitioner filed an objection against accepting the evidence.

2. According to the petitioner, the second respondent has not taken further steps to conclude the opposition pr