Trademark Litigation

For a common man litigation means fighting a case in the court of law. Litigation often takes place when a person, organisation, body or entity feels that his right has been infringed. There are various types of litigation such as Civil, Criminal, Labour, Tax, Excise and so on. One such type of litigation is Trademark litigation. Before filing a trademark it is highly recommended to search it, as search clarifies the availability of a mark. If a mark is not available it is advised not to proceed with the filing of the same. However, if the owner is still interested in the mark than it has to be filed with considerable modifications and uniqueness. If none of the above circumstances is taken into consideration at the time of filing the trademark than there is a possibility that it may be objected or opposed by the owner of similar mark. Opposition gives rise to trademark litigation.

Trademark Litigation Process and Services

As soon as a trademark gets opposed, it is the duty of the applicant to file counter statement as early as possible. It is to be noted that a counter statement is required to be filed within two months from the date of receipt of opposition. The counter-statement is mainly drafted on the basis of facts. Once both opposition notice and counter statement has been filed with the Trademarks Registry, the Registrar calls for evidences. When the case is not decided on the basis of evidence than the Examiner calls both the parties for hearing. Hearing is the stage which decides the outcome of the matter. It is to be noted that one can appeal before court of law in case he fees that justice has been denied from Registrar of Trademarks. Global Jurix is committed to tackle the above mentioned problems with ease and at a very reasonable rate.

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