Overview

Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial. Instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.

There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc. Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.

In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection's date of issuance.

Get Started to File Response to Trademark Objection

Benefits of Trademark Objection

• Prevent Abandonment or Rejection

The existing trademark will be saved from being abandonment or rejected and considered for further processing.

• Highlight Uniqueness of the mark

When the response to the objection cites the uniqueness of the mark, the possibility of it getting registered becomes higher, thereby protecting the brand against infringement.

• File an appeal, Not a new application

In case of Trademark objection, file a trademark appeal against the trademark registrar rather than file a new application.

Checklist for Trademark Objection

Here are some top reasons why a trademark would get objection:

• Deceptive Marks
• Lacks Distinctive Character
• Existence of a similar trademark
• False or vague specification of goods
• Incorrect address on trademark application
• Incorrect name of the applicant
• Incorrect trademark form

• After the trademark registration application is submitted and examined by the trademark officer, an examination report is sent to the trademark applicant. It is also put up on the trademark office website along with details of the trademark application.
• The applicant or the authorized agent then gets a chance to submit a reply to the trademark examination report with a rebuttal if there is an objection by the trademark examiner.
• The response is then considered, and if the objection can be waived off based on the applicant's response, then the trademark application gets accepted for registration. The trademark gets published in the journal.

Documents Required For Trademark Objection

Listed below are the documents and details required for filing a Trademark Objection.

• Authorization letter
• Affidavit of usage
• Examination report
• Trademark hearing notice
• Documentary proof of Trademark in commercial use
• The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

How to File Trademark Objection Online

The process of filing a responsive Trademark Objection is complex and involves many process. However, with Filemydoc.com it is easy to file Trademark Objection, as our professionals can help you with every step of Trademark objection process.

• Step 1: Intimation
  If you have filed your trademark with us, we will intimate you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not our customer, it's best for you to contact us within a month from the publication of the report.
• Step 2: Legal Team
  We give due importance to each case and our best lawyers will handle your case and prepare the documents. The response will be submitted.
• Step 3: Handling Objections
  If the Registrar does not accept your initial response, an interview is scheduled, where the arguments are presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.

Why Filemydoc.com for Trademark objection

1. Access to Expert : We provide access to best professionals and coordinate with them to fulfill all your legal requirements. You can also track your job progress with our easy-to-use dashboard, at all times.
2. Realistic Expectations : By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on each process to set a realistic expectations.
3. Strong Legal Team : With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.

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