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Trademark Objection
Trademark Objection
A Trademark objection in India occurs when the Indian Trademark Registry raises an objection to a trademark application that has been filed. This can happen if the trademark is similar to an existing trademark or if it is considered to be generic or descriptive. The objection must be overcome before the trademark can be registered. The process for overcoming a trademark objection typically involves responding to the objection with evidence or arguments that demonstrate why the trademark is distinct and should be registered.
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Objection Reasons
There are several reasons why the trademark examiner may raise an objection to a trademark application. Some of these include:
- Submitting the application on the wrong form
- Incorrect name of the trademark applicant
- Failure to file required documents (such as Form TM-48, MSME Certificate, User Affidavit or User Evidence)
- Incorrect address provided in the application
- Unclear or overly broad descriptions of the goods or services for which the trademark is being sought
- Similarity to an existing trademark
- Lack of unique character in the trademark
- Suspicion of the trademark being used to deceive the public.
In order to overcome these objections, the applicant may need to take specific actions such as correcting the application form, providing a clear and specific description of the goods or services, or demonstrating that the trademark is distinct from others currently in use.
Trademark Objection Vs Trademark Opposition
A trademark objection and a trademark opposition are two different stages in the process of registering a trademark.
A trademark objection is raised by the Indian Trademark Office during the examination of a trademark application. This can occur if the proposed trademark is similar or identical to an existing registered trademark, or if it is considered to be offensive or misleading or some clerical mistakes made during application filing. The applicant has a chance to overcome the objection by filing a Reply to Examination Report and evidence to support their case or a show cause hearing may be fixed online and offline.
A trademark opposition, on the other hand, is filed by a third party who believes that a trademark registration should not be granted. This usually happens after the Trademark Office has accepted the trademark application and advertised it for opposition. The opposition can be filed within a period of 4 months from the date of advertisement. The opponent has to provide evidence to support their opposition.
In summary, a trademark objection is raised by the Trademark office during the examination of the application, while a trademark opposition is filed by a third party after the acceptance of the application and advertisement of the same.
Trademark Objection Process
The process for filing a reply to a trademark objection in India typically includes the following steps:
- Review the objection: Carefully review the objection raised by the Indian Trademark Office and gather any evidence or arguments that will help to demonstrate why the trademark should be registered.
- Prepare a response: Draft a response to the objection, addressing each point raised by the Examiner or Registrar. Provide evidence or arguments that support your position, such as proof of use of the trademark or evidence of distinctiveness.
- File the response: File the response to the objection with the Indian Trademark Office, along with any required supporting documents or evidence.
- Waiting for the outcome: After filing the response, the Trademark office will review the reply and take a decision on the Objection.
- Ready for Show Cause hearing: If the objection is not removed, the applicant will be given an opportunity to make an oral submission in Show Cause Hearing.
It’s important to note that the Indian Trademark office will provide a specific time frame for the reply to be filed, usually within 30 days from the date of the Examination Report.
Why us
Choosing Advisource for your trademark objection removal is a smart choice for several reasons.
First, our team of experienced trademark attorneys have a deep understanding of Indian trademark laws and regulations and are well-versed in the process of overcoming objections. We can guide you through the process and provide strategic advice on how to amend your trademark application to overcome any objections that have been raised. Additionally, we have a proven track record of successfully resolving trademark objections for our clients. With Advisource, you can trust that your trademark application is in good hands and that we will work tirelessly to ensure that your mark is registered as quickly as possible. Furthermore, we offer competitive prices and transparent billing for our services, which will help you keep your costs under control. Overall, Advisource is a reliable and cost-effective choice for anyone facing a trademark objection in India.