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Trademark Objection From ₹ 999/-

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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.

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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 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 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.

FAQs on Trademark Objection

Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.

Business name, product name, website domain name, brand name, logo or slogan can be trademarked.

Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.

Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.

Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.

You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.

Trademark, the word is a combination of TRADE and MARK, means a mark which is used in trade, commerce or business. If you close down your business, in legal sense, if you do not carry on any business under your trademark then it will cease to exist. However in practical sense the trademark registry will continue to show your trademark alive unless it is withdrawn by you or it expires after 10 years of registration, due to non-renewal.

Every 10 years the trademark to be renewed, so that you can use your trademark for indefinite time.

Yes, As we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.

The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.

The trademark examination report of the objection over trademark on the website of IPI India.

The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.

A trademark is objected to due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.

An individual who thinks that his or her brand name or the reputation of the company will be damaged by the registration of a mark can raise a trademark opposition.

The Opposition notice can be filed within three months and can be extended by one month from the date which the trademark was published in the trademark journal.

In case the trademark opposition is filed after three months but before four months expiry period the notice of opposition should be accompanied by a request for extension by providing a sufficient reason for the delay in the same.

Anyone can file for trademark opposition, but usually, an opposition is raised by a person who is the owner of the trademark or a mark that deals with similar goods and services.

A trademark opposition can be raised even if the trademark application is pending or already in use. The common law of rights prevents any person from selling goods and services.

The opposition notice should be filed at the trademark registry where conflicting mark application has been filed.

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