How It Works
What is a Trademark Objection?
Trademark application passes through several stages, where Examination by Registrar is a crucial stage. A competent officer will examine the application and check for any errors or correctness of the application confirming to the Trademark Act and its applicable Rules.
During trademark examination, the Trademark Registrar may raise objections on the applied trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offense 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.
How to respond to a Trademark Objection
Listed below are the items that should be included in the Trademark Objection reply
- A brief and specific answer to the objection
- Relevant case laws to support your objection
- To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT
- Other evidence supporting the inherent usage of the mark and establish distinctiveness
Below are a few reasons why Objections could be raised on a Trademark
Reasonsfor raising Objection on aTrademark
- Use of incorrect Trademark form
- Incorrect Trademark applicant name
- Failure to file Trademark form TM-48
- Incorrect Address on Trademark application
- Vague specification of Goods or Services
- Same or similar Trademark already exists
- Trademark lacks distinctive character
- Trademark is deceptive
TrademarkObjection Response Process
- Step 1: Collection of basic information
- Step 2: Consultation for grounds of objection raised by the examiner and Discussing the suitable responses to the examination report
- Step 3: Drafting of response by an experienced IP lawyer
- Step 4: Filing of TM Objection Reply
- Step 5: lfthe response is not found satisfactory the Registrar may conduct a hearing to give a chance for the applicant to address the issues
Frequently Asked Question
What happens if I run my business with a rejected Trademark??
It is always advisable to contest the rejected trademark or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.
Can a reply for Objection be filed after the expiry of the prescribed time limit?
When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.
Do I need to stop using the TM mark for my Trademark when a Trademark Objection Report is issued?
No, the applicant of the trademark does not need to stop using the TM sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the TM sign next to the Brand Name or Logo.
What is the step after the application is published in the Journal?
The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for opposition by Third Party. After completion of 4 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registrar.
What is the time limit to file reply to Objection?
A reply to the objection has to be filed before the Registrar within one month from the date of receipt of the examination report.
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