Trademark Objection

After spending endless nights and day you choose a trademark for your business and you wait for the result of your hard work but what you get a Trademark Objection from the government. We do understand the level of frustration you face that time and to help that we have written this article on how to deal with Trademark Objection in India where we'll try to cover all the corners of the ground.

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What is a Trademark Objection?

The Trademark Officer can raise an objection to your trademark by explaining various reasons. The reason could be anything the word or logo may be too identical to an existing trademark or the trademark you choose may hurt religious sentiments of some section or is likely to cause confusion among the customers or various reasons.

And after getting the objection, you must file your trademark objection reply or response to this objection within a month started time from the examination report has been published online first and came to your knowledge. If the trademark objection is sent to you or to your lawyer then a month from when it received the reply should be sent. If you don’t follow it the Registrar has the power to abandon your application altogether.

What is a Trademark Objection Procedure?

1. Trademark Objection Process

Filing a response or reply does not amount to the guarantee that your registration will be granted after the raising of the objection. Trademark Objection is a process and registration is provided only after the satisfaction of Trademark registration where the rejection or approval; is based on the facts of each case.

2. Timeline for application

It is very stringent to periodically check the status of trademark objection application from the processing on the government side after the filing of the trademark application. Trademark registration often requires various time-bound response or action from the applicant. So it is important to keep an eye on the status of the application and follow the action that is required in meantime. You are required to file your Trademark Objection reply in one month from the date of receiving the application of trademark objection.

3. Publication in Trademark Journal

Trademark journal is an official gazette of the Trademark Registration where every objection, removal, or an application status is published. If the Trademark Examiner thinks and gives a strong impression that the reply to the Trademark Objection is sufficient and all concerns cited in the trademark examination report are advertised in the trademark journal then it is mandatory to file the reply. While the application is advertised the third party has an opportunity to oppose the registration of the mark.

4. Filing of Trademark Objection Reply

As per the Trademark Act, any person can file the trademark objection against any of the trademark application within a specific period of four months from the date on which the mark gets published or re-advertised in the trademark journal. Furthermore, after receiving the notice of opposition the applicant is abode to file a counter-statement within two months.

In a case, if the trademark registrar raises an objection to the trademark registration, then the applicant will be given an opportunity of being heard ad to submit a written reply for the objection raised.

Why file Trademark Objection Reply?

The reply to the trademark Objection contains the reason, facts, and evidence and strongly argues to why the mark should be registered in the favor of the applicant along with the supporting evidence with it.

If the Trademark Examiner finds that the reply is sufficient and has a strong reason to argue then the Examiner in its Examination report will allow the trademark to get published in the Trademark Journal before the registration.

Trademark Objection Reply Fees

The Trademark Objection reply fee totally depends upon the status of the objection and the nature of the objection.

It is advisable to take professional help while going for trademark objection reply as it involves deep study and research.

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