How to Raise a Trademark Objection

Last Updated at: March 27, 2020
249
How to Raise a Trademark Objection (1)
  1. Introduction

  2. What is Trademark Registration?

  3. What is Trademark Objection? 

  4. To raise a Trademark Objection

  5. Need Of Trademark Objection Reply

  6. Trademark Objection Procedure

  7. How to reply to the examination report?

  8. Charges

 

Introduction:

A trademark ensures an identity for the brand and differentiates it from other products and services in the marketplace. Moreover, maintaining and protecting a distinct identity is one of the most tedious tasks for a brand. However, during this process, a person or organization in authority can stop you from claiming your right to using a particular name or logo or design. For this, we need to understand the term “Trademark Registration” and “Trademark Objection.”

What is Trademark Registration?

The Trademark registration ensures that no other individual or organization can utilize the said mark on their items. Registration of the trademark, in this way, discourages duplicity of the products/services. However, people can make comparable items yet cannot attach the trademark that has an existing registration.

Get a free trademark search in India, click the below link.

free trademark search

What is Trademark Objection?

Trademark objection is the first stage in the trademark registration process. In this trademark, the examiner objects to your application because of some reasons. However, it doesn’t imply a denial of trademark, but the examiner expects a valid explanation for the trademark and its registrability. An opportunity is provided to the applicant to counter the objections and stated trademark suits the criteria to procure valid registration, which is known as Trademark Objection reply.

There are two main reasons for trademark objection:

  • Incomplete/Wrong information provided by the applicant

Information relating to the principal place, applicant name, or some other information in the trademark application is wrong then it comes under the scanner of objection. The examiner can object if the prescribed format is different from that for a trademark application.

  • Same trademarks already exist

The above case comes in context when the trademark shows the incapability of marks to be modified or graphically presented the earlier trademarks already registered. The following circumstances can be considered as:

  • Deceptive marks
  • Lack Distinctiveness
  • The existence of an Identical Trademark
  • False Specifications of goods or services
  • Offensive words as a part of or as a trademark

To raise a Trademark Objection

  • The examiner, public or third party can file an opposition within four months
  • The status of the application will be change to Opposed
  • The grounds of opposition is stated
  • After this, notice the applicant about the opposition, and the grounds stated

trademark objection

NEED OF TM OBJECTION REPLY:

The reply to the opposition is a bold step. Indeed, the response to the trademark objection specifies the reason, evidence, and facts and firmly puts forward your viewpoint. The strong reply will help in making the trademark registered in favour of the applicant.

Trademark Objection Procedure

File the reply

The applicant has an opportunity of being heard. However, the applicant needs to submit an answer to the objection raised. However, filing a response does not guarantee that registration of a trademark is granted.

Check your Objection status:

It is of utmost importance to check the status of the trademark application status and take the steps required in the meantime. You need to file the Trademark objection reply in one month as soon as you receive the information on it.

Publication in Journal:

Here we are talking about the Trademark journal, which is an official gazette of the Trademark Registry. In this, every objection, removal, or an application status is published. If the examiner finds that the reply to objection is sufficient and all related parties agree to the same, then the trademark examination report will be advertised in the trademark journal.  When the application is announced, then the third party has a chance to oppose the registration of the mark

How to reply to the examination report

Once you receive the report, you will have to describe the reasons showing, your trademark is fulfilling the requirements to qualify for a valid registrable trademark. You need to file this within 30 days; otherwise, the trademark is of no use.

Charges & fees:

The fee ultimately depends upon the level of the objection and the nature of the objection. However, the process of filing objections requires an in-depth study and research. It is perfectly fine to go for professional help while submitting an objection reply.

Conclusion

Maintaining the brand is as difficult as building it. Deciding a trademark for your business is the first and the essential steps in all. The timely filing of the objection reply can save money, brand, obviously your precious time. A clear and visualized approach since beginning adds to the efficiency of registering a trademark quickly.

 

0

How to Raise a Trademark Objection

249
  1. Introduction

  2. What is Trademark Registration?

  3. What is Trademark Objection? 

  4. To raise a Trademark Objection

  5. Need Of Trademark Objection Reply

  6. Trademark Objection Procedure

  7. How to reply to the examination report?

  8. Charges

 

Introduction:

A trademark ensures an identity for the brand and differentiates it from other products and services in the marketplace. Moreover, maintaining and protecting a distinct identity is one of the most tedious tasks for a brand. However, during this process, a person or organization in authority can stop you from claiming your right to using a particular name or logo or design. For this, we need to understand the term “Trademark Registration” and “Trademark Objection.”

What is Trademark Registration?

The Trademark registration ensures that no other individual or organization can utilize the said mark on their items. Registration of the trademark, in this way, discourages duplicity of the products/services. However, people can make comparable items yet cannot attach the trademark that has an existing registration.

Get a free trademark search in India, click the below link.

free trademark search

What is Trademark Objection?

Trademark objection is the first stage in the trademark registration process. In this trademark, the examiner objects to your application because of some reasons. However, it doesn’t imply a denial of trademark, but the examiner expects a valid explanation for the trademark and its registrability. An opportunity is provided to the applicant to counter the objections and stated trademark suits the criteria to procure valid registration, which is known as Trademark Objection reply.

There are two main reasons for trademark objection:

  • Incomplete/Wrong information provided by the applicant

Information relating to the principal place, applicant name, or some other information in the trademark application is wrong then it comes under the scanner of objection. The examiner can object if the prescribed format is different from that for a trademark application.

  • Same trademarks already exist

The above case comes in context when the trademark shows the incapability of marks to be modified or graphically presented the earlier trademarks already registered. The following circumstances can be considered as:

  • Deceptive marks
  • Lack Distinctiveness
  • The existence of an Identical Trademark
  • False Specifications of goods or services
  • Offensive words as a part of or as a trademark

To raise a Trademark Objection

  • The examiner, public or third party can file an opposition within four months
  • The status of the application will be change to Opposed
  • The grounds of opposition is stated
  • After this, notice the applicant about the opposition, and the grounds stated

trademark objection

NEED OF TM OBJECTION REPLY:

The reply to the opposition is a bold step. Indeed, the response to the trademark objection specifies the reason, evidence, and facts and firmly puts forward your viewpoint. The strong reply will help in making the trademark registered in favour of the applicant.

Trademark Objection Procedure

File the reply

The applicant has an opportunity of being heard. However, the applicant needs to submit an answer to the objection raised. However, filing a response does not guarantee that registration of a trademark is granted.

Check your Objection status:

It is of utmost importance to check the status of the trademark application status and take the steps required in the meantime. You need to file the Trademark objection reply in one month as soon as you receive the information on it.

Publication in Journal:

Here we are talking about the Trademark journal, which is an official gazette of the Trademark Registry. In this, every objection, removal, or an application status is published. If the examiner finds that the reply to objection is sufficient and all related parties agree to the same, then the trademark examination report will be advertised in the trademark journal.  When the application is announced, then the third party has a chance to oppose the registration of the mark

How to reply to the examination report

Once you receive the report, you will have to describe the reasons showing, your trademark is fulfilling the requirements to qualify for a valid registrable trademark. You need to file this within 30 days; otherwise, the trademark is of no use.

Charges & fees:

The fee ultimately depends upon the level of the objection and the nature of the objection. However, the process of filing objections requires an in-depth study and research. It is perfectly fine to go for professional help while submitting an objection reply.

Conclusion

Maintaining the brand is as difficult as building it. Deciding a trademark for your business is the first and the essential steps in all. The timely filing of the objection reply can save money, brand, obviously your precious time. A clear and visualized approach since beginning adds to the efficiency of registering a trademark quickly.

 

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