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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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The existing trademark will be saved from being abandonment or rejected and considered for further processing.
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.
In case of Trademark objection, file a trademark appeal against the trademark registrar rather than file a new application.
Here are some top reasons why a trademark would get objection:
Listed below are the documents and details required for filing a Trademark Objection.
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.
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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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