Once the Trademark application is filed, it has to face stringent scrutiny from the examiner. Trademark Objection is one of the initial stages in trademark registration. An examiner or the registrar can file the objection.
An examiner or registrar can file an objection under section 9, i.e., Absolute Grounds of Refusal and Section 11, i.e., Relative Grounds of Refusal of Trademarks Act, 1999.
The instances of trademark objection in India are too common these days. Every year, thousands of applications are filed by trademark aspirants, out of which over 60% face objections. Hence, one should take complete care while applying for registration & also get to know about the trademark objection reply sample pdf."
The following documents are required for trademark objections:
If one party fails to present on the day of the hearing, then IPAB can:
If the case is dismissed or ruled ex-parte, then the party can file a petition against the earlier order within 30 days from the ruling date.
Once the Trademark application is filed, it has to face stringent scrutiny of the examiner. Trademark Objection is one of the initial stages in trademark registration. Objection can be file by examiner or the registrar. The examiner/ registrar can reject the application filed. This rejection is called Trademark Objection.
The applicant can do a Trademark search regarding its brand or logo before filing the trademark registration application. Through the search, the applicant can make essential changes in its logo or the brand, if needed, to avoid objections during assessment of the application by the examiner.
The instances of trademark objection in India are too many and too common these days. Every year there are thousands of applications filed by trademark aspirants out of which over 60% of these applications face objections. Hence, one should take absolute care while filing the application for registration and should consult a trademark expert.
By creating the trademark examination report a trademark objection process can be completed. The examination report dictates whether the trademark is allowed or rejected.
Once Objection is filed, applicant will be given notice about such objection as well as grounds of such objection. After receiving an objection firstly, you have to file a counter statement. You must provide proper answers to the objection raised and should provide the supporting evidences and documents to validate your response. For filing the counter statement to the objection, you will be given 2 months’ time from the date of receipt of notice of objection. Failure to file such counter statement within 2 months’ time will change the status of application to ‘Abandoned’
In reply to the trademark objection applicant will file the counter statement. Such counter statement must be supported by evidences and documents to validate your counter statement. These evidences and proofs must be reasonable enough to counter the objection
If the reply is accepted, the trademark is published in trademark journal. But, if reply is rejected, then the matter goes for hearing. Thus, Trademark objection application needs an upright reply, or else your efforts to register your trademark shall be in vain.
There are two grounds under which the trademarks can be objected. They are:
1.Absolute Grounds:
2.Relative Grounds:
The following documents should be filed in regard to the Trademark Objection:
The process to reply against a trademark objection is as follows:
A registered trademark is valid for a period of 10 years which can be further renewed for another 10 years at a time.
No, we cannot use the objected trademark. A trademark can only be used when it is accepted by the Registrar of Trademark and is published in the Trademark Journal.
| Trademark Objection | Trademark Opposition |
|---|---|
| Trademark Objection is initiated immediately after the submission of application | Trademark Opposition comes after trademark objection |
| Objection is raised by trademark examiner/ registrar | Any third party can oppose the trademark registration |
| Examiner objects the trademark in examination report | Any party can oppose the trademark being registered by giving notice of opposition |
| No fee is required to be for filing objection reply | Applicant is required to pay the prescribed fees while submitting the reply to the trademark opposition. |
| Trademark | Copyright |
|---|---|
| Trademark protects device, brand, label, ticket, sign, word, letter, shape, packaging or any combination thereof. | Copyright protects literary, dramatic, musical and artistic works |
| The purpose of using trademark is to retain the exclusivity of the mark. | Whereas copyright grants exclusive right to use and distribute |
| Trademark is valid for 10 years which can be further renewed for 10 more years. | Copyright is granted for a lifetime of the author + 60 years. |
| For using trademark symbol registration is mandatory | Copyright protection doesn’t mandatorily require registration |
| Trademark Registration prevents competitors from using similar kind of marks | Copyright prohibits anyone from using the creators work for reproducing or selling online or offline. |
Before 1940 there was no trademark in India. Infringement of registered and unregistered trademark was resolved through section 54 of the Specific Relief Act, 1877. To overcome this Trademark Laws was enforced in 1940 which was later replaced by Trademark and Merchandise Act, 1958. This was again replaced by Trademarks Act, 1999. Trademarks Act, 1999 gives the right to punish the person found infringing the trademark.