Last Updated on November 27, 2023 by Elidge Staff

Completing Form No. TM 4: A Guide to Filing a Notice of Opposition in Namibia

Do you Notice of Opposition? If you are a business owner or an intellectual property rights holder in Namibia and believe that a trademark application published on the Bulletin should not be registered or amended, you can file a Notice of Opposition by completing Form No. TM 4. This guide will provide you with the necessary information on how to complete one of the BIPA trademark Forms, Form No. TM 4, including the required sections, supporting documents, and fees.

Form No. TM 4: Notice of Opposition

The Notice of Opposition form is a legal document used to object to a trademark application in Namibia. The form is governed by Sections 147(1), 159(2), 160(3), 175, and 178(3) and regulations 107(1), 112(4), 113(3), 119(3), and 120(4) of the Trade Marks Act. This form should be used to oppose the registration, restoration, amendment, or surrender of a trademark application.

Here’s what you need to know to fill out this form:

The Notice of Opposition form has several required sections that must be completed in order to be considered valid. These include:

  • Applicant’s File Reference: This section should contain the file reference number provided to you by the Registrar of Trade Marks.
  • Notice Received on: This section should contain the official date stamp provided by the Registrar of Trade Marks.
  • Name of Opponent/Agent: This section should contain the name of the opponent or their authorized agent who is filing the opposition.
  • Address: This section should contain the complete physical address of the opponent or their authorized agent.
  • Telephone No.: This section should contain the telephone number of the opponent or their authorized agent.
  • E-mail Address: This section should contain the e-mail address of the opponent or their authorized agent.
  • Fax No.: This section should contain the fax number of the opponent or their authorized agent.
  • Grounds for Opposition: This section should contain a detailed explanation of the grounds for opposition.

Supporting Documents

Along with Form No. TM 4, there are additional supporting documents required to be submitted to the Registrar of Trade Marks. These include:

  • Supporting Evidence: Any evidence that supports the opposition, such as prior use of the trademark, evidence of confusion, or evidence of dilution.
  • Power of Attorney: If an agent is filing the opposition on behalf of the opponent, a Power of Attorney form should be submitted.
  • Fees: A fee must be paid to the Registrar of Trade Marks along with the opposition form. The fee for filing a Notice of Opposition can be found on the Namibian Intellectual Property Office’s official website.

Filing a Notice of Opposition in Namibia requires careful consideration and attention to detail. Completing the required sections of Form No. TM 4, submitting the appropriate supporting documents, and paying the required fees are essential steps to a successful opposition. By following this guide and consulting the Namibian Intellectual Property Office’s official website, you can ensure that your opposition is valid and effectively communicates your objections to the trademark application.

For more information, please refer to the website of BIPA.

If you have more questions, look through our blog for answers!