Do third parties have the right to take part in or comment on the registration process?

Intellectual Property (2nd edition)

Japan Small Flag Japan

During the application process for patents, utility model rights or trademark rights, anyone may anonymously provide information to inhibit or prevent registrations of those rights by submitting documents to the Japan Patent Office.

UAE Small Flag UAE

Right

Challenge to registration process?

TMs

Yes within 30 days of the publication, through a formal opposition process before the Trade Marks Department; open to "an interested party" only.

Patents (UAE national filing)

Yes, within 60 days of the publication, through a formal opposition process before the Grievance Committee of the Patent Dept.; open to "an interested party" only.

Utility Certificates

Designs

Patent (GCC patent filing)

Yes, within 3 months of the publication, through a formal opposition process before the Grievance Committee of the GCC Patent office; open to "a concerned party" only.

Copyright

There are no provisions for challenging the recordal application process. A recorded copyright work can be amended or cancelled in the Ministry's records with a final judgement from a Court.

Mexico Small Flag Mexico

Inventions

IP right

Third parties right to take part in or comment?

Patents

Yes

Utility models

No

Industrial designs

No

Integrated circuits

No

Brands

IP right

Third parties right to take part in or comment?

Trademarks

Yes

Trade names

Slogans

Appellations of Origin

Yes, as opponents.

Geographical Indications

Copyright and other rights

IP right

Third parties right to take part in or comment?

Reservation of rights

No

Plant varieties

No

India Small Flag India

For various forms of intellectual property, there are statutory provisions for opposing the registration of the intellectual property.

Trade marks and patents once published are open to opposition procedures by third parties.

Patents: For patents, there are two kinds of oppositions. Pre-grant opposition can be filed by any person after the publication but before the grant of the application, and post-grant opposition, which can be filed within twelve months from the date of publication of the grant of the opposition.

Trademarks: A trademark application is open to opposition by third parties for four months after the mark is published in the Trade Marks Journal.

Geographical indication: A Geographical indication is open to opposition proceedings by third parties for three months after the same is published in the Geographical Indications Journal.

Designs: There are no explicit provisions for a third party to comment on the registration of a design. However, once the design is registered and published, any person interested may file a cancellation petition against it.

Updated: June 15, 2018