Trademark Objection
In cases wherein the Trade Mark Registrar raises an objection to the registration of a trademark, the applicant gets an opportunity to submit a written reply to the objection raised within 30 days.
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Comprehending Trademark Objection
The management of trademark objections requires careful consideration, as it represents a critical phase in the trademark registration process. The procedure for trademark registration encompasses the possibility of objections. A trademark examiner may raise an objection based on findings from the examination of specific goods. It is essential to address these objections meticulously and provide a persuasive response to the inquiries raised; failure to do so may result in the rejection of the trademark application. The trademark must not bear resemblance or be identical to any existing third-party marks; it should be distinguishable in all respects.
In India, trademarks are among the rights established to safeguard intellectual property. The rights outlined in the Trademark Act of 1999 include the protection, registration, and objection processes related to trademarks with the relevant government authority.
Reasons for Trademark Objections
- Incorrect form
- Incorrect Applicant Name
- Usage of Deceptive Words
- Offensive Terms
- Insufficient Information on Goods or Services
- Identical Logo Already Registered
- Objection Reply
- Upon receipt of the objection, the applicant is required to submit a counter statement addressing the raised concerns. A comprehensive response, accompanied by relevant regulations and documentation, should be prepared, including:
- An affidavit stating the usage of trademark
- Advertisement in the media
- Proof of availability of trademark online
Following the publication of the trademark in the journal, a period of four months will be allotted for any opposition. If no opposition is received within this timeframe, the trademark will advance to the registration phase, at which point a registration certificate will be issued. This certificate will include the registered logo and the corresponding class of registration.
- Hearing
- Trademark Journal
- Review Petition
- Registration
Steps to Take When the Online Status of Your Trademark Registration Application Indicates an Objection.
- Get in touch with a trademark expert consultancy.
- Obtain the examination report and go through it thoroughly. React to the report and must mention how and why objections are not tenable.
- Give a befitting reply to the objections raised within 30 days from the date of receipt otherwise application will be considered as abandoned. It is crucial to submit the reply within the stipulated time period and in an expedited manner.
- Frame your reply in a clear and precise manner. Make it b enough with high precision that it could establish the distinctiveness of the mark, thus making it eligible for trademark registration.
Steps to Take Following the Submission of a Trademark Objection.
- Once a reply has been submitted against the objection raised via examination report, the Registrar will respond to the reply either by accepting the trademark or by conducting a hearing session.
- In case a hearing date is given, hire a trademark consultant or lawyer who will represent you and put up your side before the authority bly.
Legalixo Support in transitioning a Trademark Objection
- Purchase a Plan for Expert Assistance
- Add Queries Regarding the conversion
- Provide Documents to Legalixo Expert
- Complete all other required Actions
- Get your work done!
Reasons for Trademark Objections
- Incorrect form
- Incorrect Applicant Name
- Usage of Deceptive Words
- Offensive Terms
- Insufficient Information on Goods or Services
- Identical Logo Already Registered
- Objection Reply
- Upon receipt of the objection, the applicant is required to submit a counter statement addressing the raised concerns. A comprehensive response, accompanied by relevant regulations and documentation, should be prepared, including:
- An affidavit stating the usage of trademark
- Advertisement in the media
- Proof of availability of trademark online
Following the publication of the trademark in the journal, a period of four months will be allotted for any opposition. If no opposition is received within this timeframe, the trademark will advance to the registration phase, at which point a registration certificate will be issued. This certificate will include the registered logo and the corresponding class of registration.
- Hearing
- Trademark Journal
- Review Petition
- Registration
Steps to Take When the Online Status of Your Trademark Registration Application Indicates an Objection.
- Get in touch with a trademark expert consultancy.
- Obtain the examination report and go through it thoroughly. React to the report and must mention how and why objections are not tenable.
- Give a befitting reply to the objections raised within 30 days from the date of receipt otherwise application will be considered as abandoned. It is crucial to submit the reply within the stipulated time period and in an expedited manner.
- Frame your reply in a clear and precise manner. Make it b enough with high precision that it could establish the distinctiveness of the mark, thus making it eligible for trademark registration.
Steps to Take Following the Submission of a Trademark Objection.
- Once a reply has been submitted against the objection raised via examination report, the Registrar will respond to the reply either by accepting the trademark or by conducting a hearing session.
- In case a hearing date is given, hire a trademark consultant or lawyer who will represent you and put up your side before the authority bly.
Legalixo Support in transitioning a Trademark Objection
- Purchase a Plan for Expert Assistance
- Add Queries Regarding the conversion
- Provide Documents to Legalixo Expert
- Complete all other required Actions
- Get your work done!
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