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Trademark objection is a process that can be done for several reasons after registering a trademark of any company. Once a trademark application is filed, the trademark examiner examines the application and looks for prior trademarks - those that are identical or similar to the mark being examined
The findings of the trademark examiner are compiled as a trademark examination report. Companies and enterprises identify their products as their own by using logos, designs, or a specific set of words that are unique and distinct.
These designs or words help make it easy for consumers to identify the brand, quality, and origin of the product. Hence the marks used by these companies in the course of their trade are known as trademarks.
In India, trademarks are recognized as intellectual property and are therefore protected from infringement under the applicable law.
This is one of the early stages in the trademark registration process where the trademark examiner objects to your application for several reasons. This is not an outright rejection of your claim, but the registrar looks for valid reasons or explanations for the mark and its registration. It allows the applicant to explain how he fits the criteria to obtain a valid registration.
The Trade Marks Act, of 1999 regulates the laws of trademarks including registration, protection, and penalties. This protection is for the company as well as the consumer also. Registration of a trademark under the Act is for 10 years and can be renewed for another 10 years on timely payment of the renewal fee.
The procedure for the registration of trademarks is prescribed under Section 18 of the Act. Once you apply to register a trademark, it can take one to two years for it to be registered. The process is as follows;
These are the objection of trademark reasons for the objection to the trademark;
If the trademark application is not in the correct form, the following objections are raised by the trademark examiner.
An application is made in Form TM-1, for a certification mark in respect of goods or services falling within the class, the application should be corrected as Form TM-4 by filing a request in Form TM-16.
Corrective Action : The applicant can overcome this objection by filing a request in Form TM-16 requesting rectification of the trademark application.
For this matter sending a reply is very important. Therefore, you can get a trademark objection reply sample pdf for help from the internet to reply to the objection of the trademark.
The trademark applicant's name must be correctly entered in the application. In case of an incorrect trademark applicant's name, the trademark examiner will file an objection as follows:
Since the application appears to be filed in the name of the partnership firm, the names of all the partners of the firm should be brought on record by filing Application Form TM-16
Corrective Action: The applicant can overcome the objection to the incorrect trademark applicant's name by filing a request in Form TM-16 requesting correction of the trademark application.
Trademark Form TM-48 must be attached whenever a trademark application is filed by a trademark attorney or trademark agent on behalf of the applicant. If Form TM-48 is not attached or is incorrectly executed, the Trademark Examiner will raise an object as follows:
If the application is submitted by a person other than the applicant, a power of attorney must be filed in favor of a specific agent.
Corrective Action: An applicant can overcome a failure in Form TM-48 or a request to correct the trademark application by filing a request on incorrect Form TM-16.
If the trademark application does not mention the applicant's principal place of business or the applicant's address for service in India, an objection can be raised as follows:
The principal place of business of the applicant should be brought on record by filing a request on Form TM-16 or The applicant's address for service in India have to be brought on record by filing a request on Form TM-16 if the applicant has no principal place of business in India.
Corrective Action: The applicant can overcome the objection regarding the incorrect address by filing a request in Form TM-16 requesting rectification of the trademark application.
The most important question that arises, in the beginning, is, How to reply trademark objection? So, let's have a look at its solution;
Once the objection is filed, the applicant will be given proper notice of the objection as well as the reason for the objection.
Once the counter is filed, the registrar can call for a hearing and if they decide in favor of the applicant, the trademark will be registered. If he decides in favor of the opposition, the trademark will be removed from the journal and the application for registration will be rejected. At this point, the applicant can file an appeal with the Intellectual Property Appellate Board (IPAB):
IPAB will hear the case after registering the case. According to Rule 2(m), the place of the hearing shall be determined by the jurisdiction in which the case falls. A date will be given for hearing the case. A hearing will be held accordingly.
If the case is dismissed or decreed, a period of 30 days from the date of judgment is given to file a petition against the earlier order. The matter will be heard and the order passed by the IPAB will stand. If the applicant is aggrieved by the order passed by the IPAB, he still has the option of filing an appeal before the High Court having competent jurisdiction. A subsequent appeal can also be filed in the Supreme Court of India.
Step 1 : Visit www.ipindia.nic.in.
Step 2 : Click on the trademark bar available on the page.
Step 3 : Click on the relevant link bar present under the dropdown menu that appears.
Step 4 : Click on Trademark Status.
Step 5 : After you click on the trademark status its page will appear. Click on the first option titled Trademark Application / Registered Mark.
To check the status of the registration of copyright the following procedure is required;
Step 6 : If objected to, this status will appear on the top left side of the application
Step 7 : Download the exam report through the link on the top right side of the mark.
Listed below are the procedures for objection trademark;
The applicant has an opportunity to be heard. However, the applicant must submit a reply to the objection raised. However, filing a response does not guarantee that the registration of the trademark will be granted.
It is very important to check the status of the trademark application and take the necessary steps in between. You have to file a reply to the trademark objection within one month as soon as you receive the information on it.
Here we are talking about the Trademark Journal, which is the official gazette of trademark registration. It publishes the status of each objection, withdrawal, or application. If the examiner finds that the answer to the objections is sufficient and all parties concerned agree to it, the trademark examination report will be advertised in the trademark journal. When the application is published, the third party has the opportunity to oppose the registration of the mark
To help with the drafting of the notice, you can get the sample reply to trademark objection format on the internet also.Once you receive the report, you will need to provide reasons to show that your trademark meets the requirements to qualify as a valid registrable trademark. You must file this within 30 days; otherwise, the trademark is of no use.
The fee ultimately depends on the level of objection and the nature of the objection. However, the process of filing an objection requires thorough study and research. It is advisable to seek professional help while submitting a reply to an objection.
Section 11 objections are treated as relative grounds for refusal, under which the primary ground for refusal is that the applicant's mark is similar to a registered mark relating to similar goods and services. Section 11 objections are not absolute.
If the registrar points out that the mark is similar to a mark that has already obtained registered status, the applicant can show that their marks are different in nature, form, and goods or services. Once the registrar is satisfied that the mark is different from a pre-existing one, the mark is accepted and advertised.
There are several ways in which a person can establish that his mark is distinct from marks already existing in the market.
Here is the answer to the trademark objection: how does it proceed?
It may be noted that objections raised by the Registrar must be answered within 30 days from the date of receipt of the examination report.
|Basis||Trademark Opposition||Trademark Infringement||Trademark Objection|
|Definition||An opposition is filed after the publishing in the trademark journal.||Unauthorized use of a trademark with goods or services causes confusion and deception of the goods and services.||An application intended to violate rules and laws of trademark registration.|
|Stage of Raising||An opposition is raised after trademark objection.||It is raised by the registry in the examination report issued by the registrar.||An objection is raised in the initial stages.|
|Raised By||TAn opposition is raised by the third party.||An infringement is done by an unauthorized person who is not the owner of the trademark.||An objection is raised by the examiner of the trademark|
|Time of Filing||The opposition has to be filed within four months from the date of publication.||It is filed as a suit after the trademark registration in district court.||A reply to an objection is to be filed within thirty days of the examination report.|
|In case of No Response||In case no opposition is filed then the registration certificate will be issued.||The court can provide remedies for a temporary injunction, permanent injunction and damages.||A hearing will be held between the parties.|
|Mode of Communication||The judgement is communicated to the party.||The court gives an order in favour or against the party.||An acceptance is published in the journal.|
|Fees||The applicant must pay the fees at the time of submission of reply to the notice.||The fees depend on the court where the case is filed.||The applicant is not required to pay fees for a reply to an objection.|
|Grounds||The grounds of opposition are if it is identical to the existing trademark and if the nature of the application is made in bad faith.||The grounds for infringement are a confusion of design, product, etc. in the mind of people. The labelling or packaging is without authorization.||The grounds of trademark objection are incorrect details in the form of an application. When the trademark is similar to a registered trademark.|
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
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