Updated on October 11, 2024 05:01:54 AM
Jammu & Kashmir is best known for its beautiful landscape, and the trademark opposition process is a big part of protecting intellectual property right there. Jammu and Kashmir provide a distinctive location to understand the complexities of TM opposition process as a nation with a rich cultural heritage and growing economic activities.
In this article, we explore the legal frameworks that allow companies to keep their brand identities secure from potential infringements, protect their trademarks from unauthorised use and negotiate the ever changing trademark landscape of Jammu & Kashmir so that their trademarks remain distinctive and protected.
![TM-Opposition[Sample]](../images/TM-Oppostion.png)
Under Sections 9(1), 11, and 21 of the Trademark Act, 1999, objections or opposition to a trademark application can be made. In these situations, the registration process can be interrupted. The registrar or examiner may object if the trademark applied on is similar to an already registered one.
In Jammu & Kashmir, trademark opposition can also be initiated by a third party. A trademark application once published in the Trademark Journal is open to public inspection. Within four months after the publication date, any individual or third party can file trademark opposition in case he has concerns about the trademark. This main objective is not to let it be violated and make no one's intellectual property rights compromised.
There are numerous reasons why Trademark Opposition raises in Jammu And Kashmir. Some of the grounds for Trademark Opposition in Jammu And Kashmir are given below:
The Trademark Opposition in Jammu And Kashmir includes many steps that are given below:
When the trademark has been published in the journal that is open for the opposition. If anyone finds some issue so they can raise opposition against the applied trademark.
Here the opponent or third party has to fill Trademark opposition that is basically called “TM-O”. The opponent has to clear the ground of opposition and with this TMO the opponent has to attach all the supportive documents.
When the opponent files the notice of opposition, the applicant will get a notification regarding the opposed Trademark Registration. The applicant gets a copy of the opposition statement and other related documents from the opponent side.
It depends on the applicant that they want to proceed with the procedure otherwise they can refuse or abandon that applied trademark.
Within 2 months the applicant has to submit the counter statement in reply to the opposition. In this statement, they have to submit all the related documents in favour of their statements. The opponent also provides a copy of every piece of evidence to the applicant.
The applicant can also submit their relatable documents to the registrar as well as the opponent also. After that, the opponent will provide further documents to make their strong side.
After receiving the evidence from both sides (opponent and applicant) the registrar will conduct the hearing. In this hearing, the registrar will give the equal opportunity to both parties to prove their sides. If the applicant will not present at the day hearing so the applied trademark will be abandoned and rejected.
After examining all the related evidence of the applicant and the opposition, the registrar decided whether the applied mark was registered or not. If the registrar is satisfied with the statements submitted by the applicant, the trademark will be accepted and registered. Otherwise, the applied trademark will be rejected or abandoned.
There are several purposes of Trademark Opposition in Jammu And Kashmir some of these are given below:
Trademark Opposition in Jammu And Kashmir can be a stuck point for your registration process. It can increase the chance of refusal or rejection. There are some points mentioned below that help to avoid the chance of a Trademark Opposition in Jammu And Kashmir:
Trademark Registration is a long process and higher chance of trademark opposition. Here, “Litem Legalis” will help you to get your TM registration in an easier and hassle-free way. “Litem Legalis” will be your best choice because of:
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Trademark opposition process in Jammu & Kashmir is very vital for protecting Intellectual property rights within region. Participation in the opposition process will help businesses in Jammu & Kashmir to reposition their brand, protect their market position, and promote fair competition. Increasing opportunities exist in the expanding economic landscape combined with rich cultural heritage, but trademark owners face a host of challenges.
The trademark opposition process is a dynamic setting and understanding the purpose and importance of the trademark opposition process allows individuals and companies to navigate this dynamic setting, protect their brand assets, and support the region’s thriving business growth.
The cost of the trademark opposition filing in Jammu And Kashmir is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Jammu And Kashmir has many purposes such as preventing the solo rights of existing Trademarks, preventing confusion, promoting fair competition, protecting consumer interests and also enhancing transparency.
When the registrar publishes the Trademark in the journal, the opponent has to file an Opposition within four months of the advertisement.
The Trademark Opposition in Jammu And Kashmir includes many steps such as filing the notice of Opposition, counter-statements, evidence in support of the Opposition, hearing process and registration or rejection.
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