Trademark Objection
OnlineThe Trademark Examiner checks the Trademark Application to make sure that there is no violation or any conflict in it. There are numbers of reasons that can cause a violation of rules and laws of Trademark Registration. Often it can be seen that during Trademark Registration process, the examiner raises an objection if he/she sees any violation of rules and laws of Trademark Registration in the Trademark you applied for. An objection can be raised due to several reasons that cause a violation. If Trademark Objection occurs, then a reply needs to be filed within a month from the date of issuance of objection. If you fail to reply within a month, it may become a reason for the abandonment of the application.
Trademark Objection?
+91 85 8888 2144
What is Trademark Objection?
Often it can be seen that during Trademark Registration process, the examiner raises an objection if he/she sees any violation of rules and laws of Trademark Registration in the Trademark you applied for. An objection can be raised due to several reasons that cause a violation. If Trademark Objection occurs, then a reply needs to be filed within a month from the date of issuance of objection. If you fail to reply within a month, it may become a reason for the abandonment of the application.
Why your Trademark Status is Objected?
The Trademark Examiner checks the Trademark Application to make sure that there is no violation or any conflict in it. There are numbers of reasons that can cause a violation of rules and laws of Trademark Registration. You can read the following reasons below:
Trademark Application can face an objection;
- If the Application is not filed correctly.
- If the name of the applicant is not correct or there is any misspelling in the name. Always make sure to double check what you write in the application.
- If the information provided in the application is not sufficient and missing some important points.
- If the trademark, logo or brand name has any offensive terms or misleading terms which can create chaos among the customers.
- If the Trademark is not capable of distinguishing your good and services from the others.
- If the mark or name contains any term which can hurt the religious sentiments of any citizen of India.
- If the Trademark is dishonorable or has any obscene matter.
- If the mark or logo is prohibited under the Emblems and Names (Prevention of improper use) Act, 1950.
- If there is a possibility that the mark or logo has some visual similarities with the other Trademark, be it font, patten, design, color combination, etc.
- If the information of goods and services provided in the application lacks some important specifications.
- If the specification is not as per the Nice Class heading given by the Registry.
Why Trademark Objection Reply is Necessary?
To Prevent Abandonment or Rejection
Filing a reply to the objection report is mandatory within a month from the date of issuance of the objection to reach the next stage of Trademark Registration process. If you fail to file a reply within a month, then it may lead to the abandonment or rejection of the application.
Highlight your Trademark’s Distinctiveness
Filing a reply to the objection report also provides you the opportunity to mention your trademark’s unique and distinct features which can also lead you to put forward your argument on how the objections made are not applicable to your Trademark Application. It can increase the possibilities of getting your Registration done smoothly.
Process to File a Trademark Registration Response
Analyzing Trademark Objection
It is important to analyze and study the objection very carefully otherwise it can lead to filing of an incorrect response to the Trademark Objection.
Drafting a Response to Trademark Objection
A proper answer should be drafted in response to the Trademark Objection keeping in mind
the rules and laws of Trademark Registration.
There should be differences in the mark of the application and conflicting mark.
While drafting a response; make sure you have supporting evidence that validates
your response.
An affidavit stating the usage of the trademark in the applicant’s website and
social media; advertisement and publicity material, etc along with the documentary proof
for the same.
The drafted response is filed on the online platform ‘Trademark e-filing Portal’.
Trademark Hearing
Acceptance of the response will lead your application for the further process of
registration and advertisement in the Trademark Journal.
If in case the application is not accepted then there will be a Trademark hearing
scheduled and the applicant will be notified for the same with a notice.
Trademark Journal
If the hearing turns out to be in the favor of the applicant, the Trademark will be accepted and ordered to be published in the Trademark Journal. In case the negative outcome occurs, the refusal order will be passed. Applicant can still appeal the order by filing a review petition within 30 days from the date of refusal order.
Registration
If the Trademark is published in the Trademark Journal, it will be open for exploration for four months. If there is no objection filed from the opposition then it will proceed for the registration and the Registration Certificate will be issued. If there is any objection filed then the proceeding will take place as per the prescribed rules.
How LegalRaho.com will help you in Trademark Objection Process
Notification
If you are a client at QAdvertising and had us registering The Trademark Application on your behalf then if the situation occurs regarding the Trademark Objection then you will be notified immediately. And if you are not our client then it is best that you inform us about the Trademark Objection within a month from the publication of the report.
Our Professional and Legal Team
You need not worry about the Trademark Objections. Our professionals and best lawyers will work upon your case and the response will be submitted with all the documents required.
Handling Objections
If the registrar denies accepting your initial response then the meeting will be held in person to present an argument. If the government accepts your response then the objection will be lifted within 18 months.
Documents Required for Trademark Objection Process
- Authorization letter
- Affidavit of usage
- Examination report
- Trademark hearing notice
- Documentary proof of trademark in commercial use
- The attorney or the duly appointed applicant has to appear in front of the authorities on the scheduled date and time.
+91 85 8888 2144
