Trademark Objection

Posted 2021-04-19 10:47:54

Trademark Objection A trademark may be a brand’s unique identity that states the combinations of tagline, logo, and symbol. And during the Trademark Registration Process in India, the authorized Registrar brings up criticism on the specified trademark if the entity disregards rules and guidelines of trademark registration. If you receive a trademark objection certificate, it doesn't mean that your application for trademark registration has been rejected. You can upgrade the chances of registering the trademark again with the help of experts!. What is Trademark Objection? Trademarks can be objected to by the examiner, public, or any other third party when it is applied for registration. It occurs during the initial stage of the trademark registration process when the examiner objects to the trademark application because of a few reasons. The objection cannot be the aim for rejection; in any case, the registrar looks for extra explanations and clarification about the brand and its legitimateness. The third party can also object to the trademark for the sake of public interest. There are two alternative ways when a 3rd party or public can object to the registration of a trademark: At the point when the trademark is distributed on Trademark Journal. In case the candidate utilizes the mark before its registration. When the objection is received, within a month or within the recommended period of time the applicant should document a comprehensive objection reply. Checklist For A Trademark Objection The Trademark Examiner scrutinizes the trademark application to form sure the appliance isn’t in conflict with any trademark rules. A trademark application can face objection for any of the subsequent reasons: Filing Of Incorrect Trademark Form If the appliance isn't filed using the right form an objection would be raised by the examiner. For example, it's Form TM-4 for registration of collective marks for goods and services in anybody class. Form TM-51 for registration of a trademark under different classes of products and services. Incorrect Trademark Applicant Name Trademark has got to be filed on truth name of the applicant and double-checked for the proper spellings. Usage Of Deceptive And Offensive Terms: Trademark names that include deceptive terms or that try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavors could also be deemed deceptive. At an equivalent time, applications registering for trademarks containing offensive terms are going to be rejected. Insufficient Information On Goods/Services: When the trademark application fails to say in short the products and services of the business, it's highly likely that the Trademark Examiner may reject the appliance thanks to the vague information. Existence Of An Identical Mark: The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses. How To File A Trademark Objection Response - an in-depth Process When an objection is raised, the status of the trademark within the Indian Trademark Registry is going to be marked as “Objected”. The following are the steps to file a response within the event of a Trademark Objection: Step 1: Analyzing Trademark Objection The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response. Step 2: Drafting Of Trademark Objection Response The next step is to draft a trademark reply which should include the following: A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case The differences between the conflicting mark and therefore the mark of the applicant. Other supporting documents and evidence that validates the response. An affidavit stating the usage of the trademark within the applicant’s website and social media channels; advertisement within the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same The response draft is then filed online on the Trademark e-filing portal. Step 3: Trademark Hearing If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it's not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and therefore the same are going to be notified with a notice. Step 4: Publication In The Trademark Journal If the result at the hearing is positive, the mark is going to be accepted and can be ordered to be published within the Trademark Journal. In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the choice to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed. Step 5: Registration Once your trademark is published within the Trademark Journal, it'll be hospitable scrutiny for a period of 4 months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and therefore the Registration Certification is issued. If an objection is filed the opposition proceedings will happen as per the prescribed rules of the law.

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