During the trademark registration process, the Trademark Registrar raises objections on
the intended trademark if it violates any of the rules and laws of Trademark.
The implications of the notice will be assessed
In response to the objections, we will prepare a formal affidavit
In the event that a first interview is required, the lawyers will attend
Trademark Examiners examine trademark applications after they have been filed and search for earlier marks that are identical or similar to the mark being examined. The trademark examiner's findings are summed up in the trademark examination report.
The trademark examiner raises an objection if the trademark application is not in the proper form.
For certification marks for goods or services in a class, form TM-1 should be corrected to form TM-4 by filing a form TM-16 request.
An applicant can overcome this objection by filing a trademark correction request on form TM-16.
According to the application, the names of all firm partners should be recorded by filing form TM-16.
The applicant can overcome an objection to an incorrect trademark applicant name by filing a trademark application correction request on form TM-16.
The Trademark Form TM-48 must accompany any trademark application filed on behalf of the applicant by a Trademark Attorney or Trademark Agent.
A duly stamped Power of Attorney in favour of the agent should be filed if the application was submitted by someone other than the applicant.
To overcome an objection for an incorrect or failure to file Form TM-48, the applicant has to request that the trademark application be corrected by filing a request.
The applicant's Principal Place of Business must be recorded by submitting form TM-16. It is necessary to record the applicant's Indian address for service by submitting form TM-16 since the applicant does not have a principal place of business in India.
To overcome an objection to an incorrect address, the applicant must file a trademark application correction request on form TM-16.
Class xx has a very vague and wide specification of goods/services. Fill out form TM-16 with the exact items for which the trademark is sought to be registered.
Form TM-16 is used to request a correction to the trademark application if an objection is raised regarding the specification of goods or services.
According to Section 11(1) of the Trade Marks Act 1999, the trademark applied for registration cannot be registered since there are identical or similar marks on record regarding identical or similar descriptions of goods or services. There is a possibility of confusion among the public because of such identity or similarity.
The applicant can take corrective action by stating that trademarks cited as conflicting marks differ from the applicant's trademark.
Trademarks that cannot distinguish goods/services of one party from those of another are liable for refusal under absolute grounds for refusal. A trademark applicant can prove that he or she has acquired a distinctive character by prior use of the mark to overcome a fundamental ground for refusal.