Updated on October 16, 2024 05:25:55 AM
Trademark Opposition in Ladakh is a statutory procedure that preserves the exclusive rights of a trademark. The entire process of Trademark registration in Ladakh mainly plays a vital role. It aids in preserving the distinctive features of a brand. Companies today aggressively protect their intellectual property rights. This is one main reason why trademark opposition cases are quite common, as observed in the modern business world. Disputes usually arise when two parties claim the right over identical or similar marks. In this article, we will discuss the entire process involved in the trademark opposition in Ladakh and describe its purpose too.
![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 may be made. In these cases, the trademark registration process can be stopped. If the registrar or examiner finds similarity with an already registered trademark, they will usually object.
In Ladakh, the trademark opposition is initiated by a third party. The trademark is advertised in the journal, and becomes public, so anyone can oppose it if they have a problem with it. It must be done within four months of the date of publication. The major aim of this process is to prevent infringement or violation of another person’s intellectual property rights.
There are numerous reasons why Trademark Opposition raises in Ladakh. Some of the grounds for Trademark Opposition in Ladakh are given below:
The Trademark Opposition in Ladakh 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 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 Ladakh some of these are given below:
Trademark Opposition in Ladakh 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 Ladakh:
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 in Ladakh is an integral part of the trademark registration process which includes filling the TM-opposition form, submitting counterstatements, replies, and attending hearings. This plays a key function in protecting existing trademark rights for everyone or every business owner who owns a brand name and can raise an objection to safeguard their brand name identification.
Applicants during the registration process must submit all necessary documents. If an applicant faces trademark opposition in Ladakh, he/she has to submit all necessary and supporting statements to the registrar. In order to walk through these steps easily, it is advised to contact a professional trademark attorney.
The cost of the trademark opposition filing in Ladakh is ₹2700 for e-filing.and ₹3000 for physical filing.
The Trademark Opposition in Ladakh 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 Ladakh 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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