Trademark Objection
Trademark Objection in India is considered to be the most crucial and important stage for the registration of Trademark. Trademark Objection is the initial level of objection made from the examiner end. Objection of Trademark does not mean rejection of Trademark. Trademark objection can be done due to incorrect applicant’s name, use of deceptive words, and offensive terms, etc. One can get his trademark registered by responding to the objection raised.
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Trademark Objection required mandatory
Reasons for Trademark Objection in India
- Utilising Incorrect Trademark Form
- The applicant name on the trademark application is incorrect
- Not submitting the TM-48 trademark form
- Address is not correct on the trademark application
- Unclear Specification of Goods or Services
- Similar Trademark Exists
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Trademark Objection
(All you need to know)
Trademark objection are very common and most of the application faces these objections. However, trademark objection are not fair always. Therefore full care should be taken while filingthe trademark application because once is raised by examiner then normally it take lot of time to process further.
Once a trademark application is filled, the Trade Marks Registrar will process the same application and issue an Examination Report which may allow to be advertised before registration before registration or examiner can raise an objection for applied mark.
1. Use of Incorrect Trademark form
2. Incorrect Trademark Applicant Name.
3. Failure to file Trademark Form TM-48.
4. Wrong classification of Trademark Class.
5. Incorrect Address on Trademark Application.
6. Vague & wide Specification of Goods or Services.
Documents needed to file Trademark Objection reply
The following documentation is needed for trademark objections process:
- Report on authorised document
- Trademark examination report
- Identification documentation
- Process for address verification in trademark opposition
Process of Trademark Objection Reply
When an objection is raised, the status is marked as “Objected” by registry. The Following steps are involve to file a response the Trademark Objection:-
The first step is to understand the objection raised by the examiner and reason for such objection and identy under which section it has been objected.
The reply to the Trademark objection must contain reason, facts with supporting rule of law and Judgements supporting the case and evidence and other supporting that validates the response.
In case the response is accepted and considered, objection can be waived on the basis of the applicant's response and then the registry will allow for the trademark application to be advertised before registration in the Trademark Journal or registry may require additional clarificatios and there would be a trademark show cause hearing schedule and the same will be notified with a notice.
After appearing in the hearing, If the outcome at the hearing is postive, the mark will be accepted and will be ordered to be published in the Trademark Journal. In case there is negtive outcome at the hearing, the Refusal order will be passed by registry along with stating the reason for such refusal.
An accepted application is published in Trademark Journal for a period of 4 months. If there is no third- party oppositions who has issue with the trademark filled within that period then trademark will be proceed towards registration and the registrartion Certification is issued by registry.
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Frequently Asked Questions
Where to get the Trademark Objection report?
IPI India’s trademark examination report of the objection over trademark.
How much time does it take to reply to a Trademark objection?
In response to an objection received, trademark experts draft and file a reply within three days.
What happens if in case my Trademark gets denied?
In case your trademark gets denied, in that case, you have the power to challenge the decision passed by the trademark registry or can even file to review its decision.
What happens if a Trademark is objected?
In case an applicant’s trademark application gets objected by the authorities, then he/she must file a reply within the time specified, starting from the date of receipt of the objection report
How to know whether my trademark had received an objection?
One can either check the status of the application by visiting the official trademark Registry Portal. Over there, enter the reference number provided at the time of Trademark Registration.
When a trademark gets objected?
The reason for the objection can be many either regarding the documents filed or regarding the fulfilment of criteria mandated by the statue and rules
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