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Reply to Trademark Objection

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Trademark Objection - An Overview

A trademark is a brand’s identity that represents these combinations of tagline, logo, and symbol. Frequently, during the trademark registration process, the Trademark Registrar brings up criticism on the expected trademark if it disregards rules and laws of trademark registration. It could be because of few reasons like absence of distinct design, offensive to a particular religion, similarity with an existing trademark, etc. In the event of a trademark objection reply, an extensive answer should be recorded inside a month, from the date of issuance of the protest.

What is Trademark Objection?

Trademarks can be objected to by the examiner, public, or any other third party when it is applied for registration. It occurs during the initial stage of the trademark registration process when the examiner objects the trademark application because of a few reasons. The objection can’t be the purpose for rejection; in any case, the registrar looks for additional explanations and clarification about the logo and its legitimateness. The third-party can also object to the trademark for the sake of public interest. There are two different  ways when a third party or public can object the registration of a trademark:

At the point when the trademark is distributed on Trademark Journal. In case the candidate utilizes the mark before its registration. When the trademark status objection is received, within a month or in the recommended time period the applicant should document a comprehensive objection reply.

The purpose behind Trademark Objections

The brand name analyst examines the application’s correctness in an endless supply of it. The following reasons can be used to object to a trademark’s status:

Incorrect Form

  1. The examiner can object If the candidate applies for trademark registration by filing the wrong form.

Incorrect Applicant Name

  1. Examiner double-checks for the accuracy of the candidate’s name; the name must be similar to what is given in PAN. Subsequently, it is necessary to cross-check the spelling of the name twice.

Utilization Of Deceptive Words

  1. If a trademark name or logo utilized is tricky in nature or usage of any misleading term that gives a false description about the product shall be dismissed.

Offensive Terms

  1. Trademarks will not utilize any offensive term which can prompt the rejection of the trademark.

Insufficient Information On Goods Or Services

  1. When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.

Identical Logo Already Registered

  1. The examiner must provide justification for the tm objection if the proposed trademark is identical to or confusingly similar to a registered logo.

Agenda for A Trademark Objection

The trademark examiner looks into the trademark application to make sure it complies with all applicable trademark laws. A trademark application confronts complaint about any of the following reasons:

Documenting Of Incorrect Trademark Form

  1. The examiner would raise an objected status in Trademark if the application is not filed using the correct form. For example, it is Form TM-4 for registration of aggregate marks for merchandise and enterprises in any one class. Form TM-51 for registration of a trademark under various classes of merchandise and enterprises.

Incorrect Trademark Applicant Name

  1. Trademarks have to be documented on the genuine name of the applicant and double-checked for the correct spellings.

Utilization Of Deceptive And Offensive Terms

  1. Trademark names that incorporate deceptive terms or that which try to deceive or mislead customers with false descriptions of items or administrations will be dismissed. For example, an entity branded ‘Vanilla chocolates” that sells chocolate flavors might be extremely deceptive. Simultaneously, applications registering for trademarks containing offensive terms will be rejected.

Deficient Information On Goods/Services

  1. It is highly likely that the Trademark Examiner may dismiss the application because of the unclear information when the trademark application neglects to mention in detail the items and administrations of the business.

Presence Of An Identical Mark:

  1. UThe expected trademark should not be similar to any mark that as of now exists in the business. The Trademark Examiner can bring up criticisms under the Trademarks Act expressing that it may create confusion among the majority.

Steps To File a Trademark Objection Response in a Detailed Process

The trademark’s status in the Indian Trademark Registry will be changed to “Objected” when an objection is made. These are the following steps to file a response in the event of a trademark objection process:

Step 1: Analyzing Trademark Objection

  1. The initial step includes investigating and examining the objection cautiously, as any ambiguity in understanding can lead to mistaken documents of Trademark Objection Response.

Step 2: Drafting Of Trademark Objection Response

  1. The next step is to draft a trademark objection response which should incorporate the following:
    • An appropriate response to the tm objection reply raised with supporting principle of law and points of reference and decisions supporting the case.
    • Other supporting records and proof that approves the response.
    • An affirmation expressing the use of the trademark in the candidate’s website and online media channels; publicity material; accessibility of trademarked products on web-based business destinations, promotion in the media and so on along with the narrative evidence for the equivalent.
    • The contrasts between the clashing mark and the mark of the candidate
    • The draught of the answer is then recorded electronically using the Trademark e-filing gateway.

Step 3: Trademark Hearing

  1. The application will be handled further for registration and notification in the Trademark Journal if the submission is acknowledged. If it is not accepted, or there are extra explanations looked for by the Trademark Examiner, there would be a trademark hearing planned and the same will be informed with a notification.

Step 4: Publication In The Trademark Journal

  1. If the conference’s outcome is favourable, the mark will be recognised and a request made for it to be published in the Trademark Journal.
    In case of a negative result, the Refusal Order will be passed, clarifying the purpose behind the refusal. The candidate actually would have the choice to request to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the request must be inspected.

Step 5: Registration

  1. When the trademark is distributed in the Trademark Journal, it will be available for examination for a time of four months. The mark will proceed toward registration if no third-party oppositions are documented during that time frame, at which point the Registration Certification is issued. If any trademark registration status objection is recorded the opposition procedures will happen according to the recommended rules of the law.

Steps for registration

Step 1

A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradise

Step 1

A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradise

Step 1

A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradise
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Frequently Asked Questions

Answered by our experts

The status of the trademark application can be followed here. The status will be shown as 'Objected”.

The response has to be drafted and submitted in the notice of 30 days from the date of issuance of the assessment report.

In response to an objection received, trademark experts draft and file a reply within three days.

If he/she is not able to attend the hearing the applicant may request a hearing adjournment.

If it is not successful, there will be a Refusal Order passed that clarifies the explanation for the refusal.

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