What is a Trademark Objection?
Trademark Application for Registration made can be rejected by the Authority on various grounds, if they feel for such reasons. This may be for the reason that of the word or logo is too alike to a prevailing Trademark/symbol/logo and if they register the same, it can offend or likely to cause confusion with an existing Trademark.
Who is authorized to issue Trademark Objection Report?
Trademark Inspectors employed or appointed by Government at Trademark Registry issues the examination report.
Who can file a reply?
The reply may be straight away filed by an applicant but it is always desirable to go for professional who can support you with relevant case laws.
Reasons for response on a Trademark Objection
- Probable Clearance
If you reply to the Objection with clear proof as regards to the uniqueness of your Trademark, the chance of clearance of your Application is high. It also supports your Application with a valid reason and so there's no reason for your Application to be rejected or get canceled on the Objection made. The clarification so sought by Registrar should be done as early as possible.
- Brand Protection
Till the time of the Objection, the usage of the â"¢ symbol is allowed and the clients use it for few months. The consumers would familiarize themselves with the brand name. Instead of an Objection reply, filing a new Application makes no sense. Instead, simply recognize the various reasons for your logo, slogan or a brand name to be different from the one already registered and get it cleared.
- Process for Trademark Objection from Companies End
The average time taken to draft and file a Trademark Objection reply is about 5 and 10 working days, subject to government processing time and the client document submission. If Registrar does not accept the preliminary response, an interview is scheduled for the arguments as to why Registration for the applied Trademark is to be allowed which may create confusion among the public at large. Here, the client is required to defend himself with a valid and strong proof after which if the government is satisfied with the response, the Objection will be lifted within 18 months.
What are the General Objections raised in Trademark Objection Report?
The most common objections raised in an examination report are those likely based on the descriptive nature of Trademark or with respect to likeness or alike or similarity of the applied Trademark with other Marks previously existing on Trademark Registry record.
What is the Deadline to file Reply for Trademark Examination Report?
The period limit to file Trademark Objection reply is valid for 1 month from the date of publishing /issuance of the response from the Authority.
Is any Form required to be filed along with fees?
An amendment to Trademark Application has to be filed if an Objection in Trademark Report exists. All we need to do is file that amendment by way of filling a Form in TM-16 with prescribed fees.
FAQs of Trademark Objection
You need to prepare a reply to the objection raised by the authorities within the specified time period. However, it is always advised to take professional assistance for filing your reply.
In case an applicant’s trademark application gets objected by the authorities, then he/she must file a reply within the time specified, starting from the date of receipt of the objection report.
The term “opposed” means that a third party has found the mark objectionable.
Any person can oppose a Trademark Application filed in India. That means only thirty party doesn't need to have the right to oppose a Trademark.
In case your trademark gets denied, in that case, you have the power to challenge the decision passed by the trademark registry or can even file to review its decision.
To oppose a registered trademark in India, one needs to file an application, together with the grounds for opposition.
Yes, one can challenge a registered trademark in India, if the same violates or infringes the rights of a Trademark Holder.
A trademark remains valid for a period of 10 years and is eligible to obtain renewal after expiry.
One can either check the status of the application by visiting the official trademark Registry Portal.
One can either check the status of the application by visiting the official trademark Registry Portal. Over there, enter the reference number provided at the time of Trademark Registration.
The different types of Trademark Symbols are TM, SM, and R.
The registered owner of a goods and services gets to benefit from a Trademark.
Yes, it is possible to remove a registered trademark from the register by filling an application to the registrar in the specified format. One also needs to mention the reason for striking off the name.
Yes, a Registrar can strike-off a name on a suo motu basis.