Trademark Objection Reply

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Trademark Objection Reply - Procedure, Documents Required, Fees

Trademark registration is a comprehensive process that typically spans 6 to 18 months. The pivotal and primary stage in this process involves the examination report issued by the Registrar. This report holds the key to determining the likelihood of encountering trademark objections.

To initiate the trademark registration process, you must start by submitting a trademark registration application. Following this submission, the Registrar carefully examines the application for any potential inconsistencies. This examination phase typically requires 30 to 45 days to complete. During this evaluation, the Registrar may either fully accept the trademark, accept it conditionally with specific requirements, or raise objections to the application.

What is Trademark Objection?

A trademark objection is a formal response from the government or trademark authority, often the Registrar of Trademarks, indicating that they have identified issues or concerns with a trademark application. These concerns could relate to various aspects of the proposed trademark, such as its distinctiveness, similarity to existing trademarks, or compliance with trademark laws and regulations.

When a trademark application is objected to, it means that the Registrar or examining authority has reservations about granting registration to the trademark as it stands. This objection is typically conveyed through an examination report, detailing the specific grounds for objection.

Trademark Objection Status

Given that the trademark registration process can be lengthy, often taking anywhere from 6 to 18 months for approval, it's crucial to stay informed about the status of your application. Keeping track of your application's progress is essential to ensure you're aware of any developments and can respond promptly to any requests or objections that may arise.

The Indian government provides valuable online tools and resources for tracking the status of trademark registration applications. This service allows applicants to stay informed about their application's progress, whether it's being objected to, opposed, or undergoing any other status changes. In the event of an objection or opposition, the Examination report is usually sent to the applicant.

Checking the status of your trademark registration online in India is a straightforward process. You can follow these steps:

  • First, visit the official government site for trademark registration.
  • Then click on the "Trademarks" section, and the drop-down menu will open.
  • Click on "Related Links" and then select "trademark Status".
  • It will redirect you to another page, then click on "trademark Application/ Registered Mark" from the side menu.
  • Then fill out your application number, and you will get the status of your trademark application form.

If NO Objection is Raised

After entering your application number, you can check the status of your trademark. If the trademark is still in the examination procedure under the Registrar, the status will be displayed as "Marked for Exam". Conversely, if the status shows "Advertised bef acc," it signifies that no objection was raised by the registrar during the examination phase, and your trademark is now ready to be published in the Trademark Journal. Monitoring these status updates is essential for staying informed about the progress of your trademark registration.

A timeframe of 3 months is provided for the filing of a Trademark Opposition. If a third party decides to oppose the trademark, the applicant will receive a legal notice regarding the opposition. In response to the opposition, the applicant is required to reply and defend their trademark. In such cases, the status of the trademark application will be updated to "Opposed" to reflect the ongoing opposition proceedings.

If no opposition is filed with the Registrar within the 3-month period following the publication of the trademark in the Journal, then the trademark is typically approved by the Registrar.

Status of Trademark registration will now be changed to “Registered”

If Objection is Raised

If you track your application status online and discover that it is marked as "objected," this indicates that the Registrar has identified certain issues with your trademark application. These issues could include false or incorrect information in the application form or the availability and registrability of the desired trademark. The Registrar has the authority to object to the trademark application under "Section 9 & 11 in The Trade Marks Act, 1999".In response to the objection, the Registrar will send an examination report to the applicant, outlining the specific grounds for raising the objection against the trademark. It is crucial for the applicant to reply to the Registrar with a well-drafted and point-by-point trademark objection response within one month of receiving the examination report. Failure to respond within this timeframe may result in the trademark application being marked as abandoned.

Reasons for Trademark Objection

You might be wondering how to minimize the chances of receiving a trademark objection from the registrar. While there's no way to guarantee 100% that your trademark registration won't be objected, understanding the common reasons for trademark objections can certainly help you reduce the likelihood of encountering one.

The following are some of the most common reasons for trademark objection:

  • Applicant’s wrong/incorrect data.
  • Lack of distinctiveness in trademark.
  • The trademark serves as a description of the company's services and products.
  • Pre-existence of a similar trademark
  • Disrespectful to any religion.
  • Insult to the national flag and emblem…
  • Filing incorrect form
  • Filing under wrong trademark class
  • False specifications
  • Mismatch of the affidavit

Benefits of Trademark Objection Reply

You may stop having your trademark abandoned Reacting to a trademark objection is crucial because it provides you with the opportunity to present arguments and evidence to support your trademark registration application and contest the objections raised against it.

Demonstrate the uniqueness of your brand By providing substantial evidence in your response to a trademark objection regarding the sole ownership and distinctiveness of your trademark, you can significantly diminish the likelihood of facing opposition based on these grounds. This streamlines the trademark registration process in your favor.

Documents for Trademark Objection Reply

Documentation required for replying to the trademark objection are as follows:

  • Brand Logo
  • Examination Report
  • Supporting Proof of Logo Ownership
  • Proof of your identity
  • Address proof

Trademark Objection Reply Fees

The cost of filing proper reply to trademark objection would be ₹1,499 Only.

Frequently Asked Questions (FAQs)

  • First, visit the official government site for trademark registration.
  • Then click on the ‘Trademarks’ section, and the drop-down menu will open.
  • Click on ‘Related Links’ and then select ‘trademark Status’.
  • It will redirect you to another page, then click on ‘trademark Application/ Registered Mark’ from the side menu
  • Then fill out your application number, and you will get the status of your trademark application form.

Yes, it is possible to register a trademark that has been abandoned by the registrar. Even if the registrar has refused your submission, you can ask for rectification of your trademark registration form.

The registrar may only file a trademark objection if the registrar discovers some collection of incorrect or incomplete details in the trademark application.
Any third party can file a trademark opposition after a trademark is published in the Trademark Journal if they discover a trademark that is identical to their trademark or any other established trademark.

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