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TRADEMARK OBJECTION

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WHAT IS TRADEMARK OBJECTION?

It is a procedural part of trademark registration. After submitting the trademark application, the registrar looks into the application and examine every detail mentioned in the form as well as looks into the applied mark or logo. After checking all the details of the application, the registrar may either approve the trademark or refuse the request. However, before rejecting the registration of a mark, the registrar gives an opportunity to provide the clarification that why the registrar should accept the application. However, the registrar cannot reject the application unnecessarily he shall give the proper reason for such rejection.

However, why the registrar object for registering the mark? It is a big question which comes in every mind. So the answer is, there are specific grounds for rejection and under the Trademark Act, 1999 the ground for refusal covered under section 9 and 11.

GROUNDS OF REFUSAL

* The applied mark neither distinctive nor capable of distinguishing or not satisfying the requirements of the act;

* The essential part of the applied mark is that word which is ordinary in use and the applicant is not entitled to acquire the exclusive right for registration;

* The said trademark is of such a nature which deceive the public or may cause the confusion;

* The applied mark contains such word or any matter which likely to hurt the religious sentiments of any class or section of the citizen of India;

* The applied mark includes or comprises any scandalous or obscene matter;

* The said mark is identical or similar to the registered trademark;

* The information provided in the application is unfair and false;

* The said mark contains any prohibited word or mark or symbol;

* The applicant is not entitled to apply for registration under section 12 of the Trademark Act, 1999;

* The applied mark contains the word which becomes customary in the current language and used in the market;

* The applied mark includes any nation emblem or national mark which are prohibited under State of Emblem of India (Prohibition of Improper Use) Act, 2005;

* Other grounds as mentioned under sections as discussed above.

The applicant gets the opportunity to file his reply after getting objected by the registrar. The applicant needs to file his response within 30 days from the date of objection.  If the applicants fail to do so, then the applied mark gets abandoned. So it is essential to file the reply to the examination report issued by the registrar. If the registrar is satisfied with the answer of the applicant, then he may accept the application and publish it in the journal and if he is not then the matter will be decided at the hearing.

So it is advisable to the applicant that he must take the professional consent and guidance before filing the reply to the examination report as they have proper knowledge and experience regarding this.

What Do You Get In Trademark Objection Reply

  • Objection Drafting
  • Objection Reply Filing

Documents Required For Trademark Objection Reply

TRADEMARK APPLICATION NUMBER

Application number of the trademark applied on which the government raised an objection.

POWER OF ATTORNEY

Duly signed TM- 48 should be provided by the applicant so that we can file the Trademark on applicant behalf. We will provide the format for TM – 48.

ID PROOF

Anyone ID proof like Voter Id, Driving license, Adhaar card or Passport.

Process Of Trademark Objection Reply

  • Trademark Status Search
  • Trademark Reply Drafting
  • Reply Filing
  • Government Examination

Checking the applied trademark status is essential. If you have taken our services for trademark filing, then we will regularly monitor your status and inform you regarding your trademark status. However, if you are connecting with us for the first time then you don't need to worry about it, all we need is only your trademark application number to track the current status of your trademark. We will inform you if any objection is raised by the registrar and will also send you the examination report issued by the registrar.

If any examination report issued on your trademark by the registrar, then you need to file the reply regarding such released report. For submitting the reply, we need your confirmation in power of attorney form. After receiving confirmation, our attorney will draft your reply.

Once the drafting process is completed, and after receiving the signed power of attorney, we will submit the drafted reply along with power of attorney or with any other document, if required. It will take 2-3 days for completing this process.

After submitting the reply, the trademark will again go to the government approval process. The registrar will examine the documents, and if he is satisfied with the report, he will accept the trademark and will advertise it in the journal and if not then he may call for the hearing to resolve the matter.

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