October 21, 2019
5 min read
Know about Trademark objection in India and how to send a reply to the Trademark objection. Read what to include in a Trademark objection reply.
One of the types of intellectual property, Trademark protects the identity of a business and distinguishes its goods and services from the numerous similar substitutes available. Trademark registration safeguards the brand name of a business and can be obtained for the startup’s logo, symbol, word, slogan, image, picture, etc. The process of registration is a lengthy one and Trademark application goes through different stages from acceptance to registration. One of these stages is Trademark objection from a Trademark registrar.
Once the trademark registration application is filed, the trademark registrar examines whether the application is filed in the prescribed format and that it meets the guidelines provided under the intellectual property laws in India. After the examination, the registrar issues an examination report and if the trademark does not meet any guidelines for registration, the registrar raises an objection against the trademark registration application in the report
The examination report by the Trademark Registrar is issued within a period of 6 to 12 months from the date of filing the Trademark application. The report includes the issues, facts and other relevant information as to why the Trademark Objection is raised against the application.
Trademark objection can be raised by the Registrar on the following grounds:
The applicant has used the wrong application form for Trademark registration.
The application has filled out incorrect applicant name on the trademark registration application.
The applicant has failed to file Trademark form TM 48 when the application is filed by a Trademark lawyer or a Trademark agent.
The details of the applicant such as the address or contact information are incorrectly filled out in the trademark application.
The description of the goods or services is vague or does not specify the variety of goods or services for the purposes of Trademark classes.
There is a similar Trademark already registered by a different Trademark owner for the same kind of goods or services.
The mark is not unique a distinctive in character.
The mark is deceptively similar to an already existing and registered mark.
When an objection is raised against the trademark application, the applicant is required to submit a written reply to the trademark objection. At this stage, the smartest move is to seek guidance from a Trademark consultant in India who can guide the applicant in drafting a Trademark objection reply that includes all the reasons, evidence and facts as to why the mark must be registered in favour of the applicant.
The Trademark objection reply must be submitted within one month from the date of receiving the examination report from the Registrar. For a sure shot success rate, TM examination reply must include the following:
A direct answer to the objections raised, with an answer to each objection separately.
Any applicable case laws for precedents.
Any supporting documents.
Any proof that the mark is not in violation of any existing trademark.
An affidavit that shows that the mark is distinctive and is associated with the goods or services of the application because of its prolonged use.
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The best Trademark consultants in India state that filing the correct and specific Trademark objection reply is essential to ensure that the Trademark registration is granted at the end of the trademark registration stages. The applicant can also choose to submit their trademark objection reply before the Registrar in the trademark office.
When the applicant fails to submit a Trademark objection reply within the time period specified, the Registrar has the option of marking the Trademark application as abandoned altogether. After this stage, the applicant is required to file a fresh Trademark application and ensure that the same mistakes for errors are not repeated.
If The trademark registry accepts the trademark objection reply, the objections are removed and the application is published in the Trademark Journal and kept open for the next stage that is Trademark opposition from the public.
The TM examination is the first stage that the application is required to clear to reach the final registration stage and it is critical for the applicant to proceed carefully right from this stage. if any Trademark objection is received, it is important to consult a good Trademark expert in India to understand the right method of sending a reply to Trademark objection.
SeekWiser can connect startups with the best Trademark consultants in India who can suggest the right approach to Trademark applicants for their Trademark registration, reply to examination objections, Trademark opposition and Trademark infringement.
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