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 then 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.