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Trademark Objection Reply
A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.
ComplianceIndia helps you with the simplest way to file a Trademark Objection.
Advantages of Trademark Objection Reply
By the time you receive objection, you might have been using the ™ symbol already. Your business brand would have started creating visibility and value for your brand. Filing a new trademark application may not be relevant. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.
Filing a reply to objection does not guarantee for you to sustain your application. However, it is still relevant because you would not wish to see your application abandoned because of some few reasons. Drafting and filing of Trademark Objection reply through Professionals like us, will significantly improve your chances of getting through.
Responding in Time
Once Examination report is issued, you have 30 days to file your reply against the same. There’s no bar on filing reply even after 30 days but it reduces the chances of furthering your trademark application. It is therefore advisable to act in time and make sure submission of reply to objection filed within defined time frame.
Prerequisites of Trademark Objection Reply
The grounds and reasons available for filing a TM Objection in India will depend on the facts and circumstances of each and every case.
– Incorrect Name of the Trademark Applicant
– Incorrect Address on the Trademark Application.
– Failure in filing Trademark Form TM-48.
– Filing of Incorrect Trademark Form
– Trademark filing under the Wrong Trademark Class
– The proposed Trademark already exists
– Trademark lacks distinctive character
– Vague specifications of Goods and Services
– Deceptive Trademark
– User affidavit not attached
How we Work?
Documents Required for filing Trademark Objection Reply
Affidavit of usage
Trademark hearing notice
Documentary proof of Trademark in commercial use.
Appointed applicant/ Attorney to appear before the authorities
Our charges for application of Trademark Objection reply starts from Rs. 4,999/-.
Frequently Asked Questions
1. What does it mean by TM application status “Objected”?
When the examiner raises some objections regarding the registrability of your trademark it is said to be objected. To overcome the objections, a written response needs to be filed with the Trade Mark Registry. If the Examiner is not convinced with the written response, a hearing is scheduled for allowing arguments to be put forth in person.
2. How can I get my TM application approved for publication in Trademark journal?
When the Examination report is issued by objecting the registration, a written reply needs to be submitted that gives sufficient justification and clarifications regarding a trademark’s distinctiveness and registrability. If the filed response satisfies the examiner, the mark would be published in the journal.
3. Where to get the examination report of trademark objection?
You can get the examination report of the trademark objection on the website of IPI India.
4. What is meant by trademark ‘opposed’?
In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.
5. What are the grounds available for objection?
The objection can be made with respect to the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.
6. What can be done further if the application is rejected?
On rejection can approach the Intellectual property appellate board.
7. Can I use the TM sign for my Trademark or Logo even if the Trademark Objection Examination Report is issued?
Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.
8. What we have to do after the application is published in the journal?
The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.
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