Clear all the doubts raised against your trademark in the government objection. Work with a Vakilsearch-verified lawyer.
We will assess the implications of the notice
We will prepare the formal affidavit addressing the objections
The first interview, if required, will be attended by the lawyer
The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyer, then a month from when it was received. If you don't, the Registrar could abandon the application altogether.
If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there's no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification.
By the time of the objection, you would have been using the ™ symbol for a few months. Your customers would have likely become accustomed to the brand name. Filing a new application would not make business sense. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.
If you have filed your trademark with us, we will inform you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it's best you contact us within a month from the publication of the report.
We will put you in touch with our lawyers, who will understand your case and frame the correct response and affidavit (if required). The response will be submitted.
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments would need to be presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.
|Words, logos, slogans||Photographs, movies, music, software code||Inventions & ideas||Start-ups and growing companies|
|Business owners||Artists & creative professionals||Inventors & designers||Inventors & designers|
Ownership Without Registration
|Yes, but rights are limited||Yes, but rights are limited||No||No|
|Indefinite, but to be renewed every 10 years||Lifetime of the author, plus 60 years||20 years||1 year|
|Know More »||Know More »||Know More »|
Your request will be handled by one the 100-plus professionals we've worked with over the past five years. We've verified their abilities and can assure a great experience. Or your money back.
We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.