After filing the trademark application, it’s sent for examination by the Registrar. Trademark objection is raised after an examination is done by the trademark examiner. This is, the initial stage which takes place in the registration process. The objection given is not a final decision. The applicant is given a chance to list out the reasons for any error or any indifference made in the application by the registrar. As to be able to prove, why your trademark falls within the fit criteria to clear any objection raised.
Trademark Objection is raised on main two issues. The first, if there is an error in the trademark application filed by the applicant. Second, the trademark search performed by your agent was not sufficient since the registrar found previous similar existence of trademarks in the registry.
Trademark Objection Due to Error in Application.
Reasons behind Trademark Objection OR Rejection by the Registrar.
Details are erroneous and incomplete.
If there exist any vague or incomplete details with regards to the applicant’s name, address, an application filed under incorrect class or any other false information. An objection is raised.
Wrong use of Trademark form.
If a wrong application has been filed by you, an objection is raised.
Reasons for Trademark Objection
Other Grounds On Which An Objection Is Raised
Trademark objection is not only raised on any errors in the application form. It is raised on for other 2 main reasons-
The first is the absolute ground of refusal, which means the trademark is not distinctive at all. It’s the incapability of the mark to be distinctive from the goods or services provided by one person to that of another. Another possible reason is, the mark indicates the kind of service or goods provided which stands for refusal from the registrar.
The second is the relative ground of refusal, this is about the earlier trademark and the rights related to it. When there is an existence of the earlier trademark which is similar as to what the applicant has filed. Then the applicant’s trademark would not be registered by the Registry.
Documents Required To File Trademark Objection
- Power of Attorney.
- Documentary proof must be presented, this includes invoices, communications and letterhead, brochures, visiting cards, screenshot of website and social media handles. All necessary evidence to prove that the trademark has been in use since the date as verified by you.
Trademark Objection Reply sample
Trademark Objection Process in Timeline.
Trademark status as Objected.
After filing the trademark application, an update must be kept by you on the application’s status. The status is shown as “OBJECTED” if the registrar finds it appropriate to do so by keeping in consideration the above mishappening mentioned. A copy of the examination report is communicated to you or your agent.
Examination report must be analyzed.
The examination report must be analyzed as to be able to determine the reason for such objection.
Drafting a response to objection.
In the following step, one must prepare a reply to objection. This reply must be sufficient in its own supported by rule of law, judgments and cases. Alongside, documents and evidence which supports and validates your response must be presented.
Response until when to be filed.
The reply which shall be communicated to the registrar must be filed within 30 days. An extension may also be given by the registrar if the applicant proves sufficient reasons for the inability to reply on time.
Objection reply when accepted.
If it is proved to the registrar that your trademark fits all the criteria, required to be met. The application will then be processed for registration and advertisement in the trademark journal.
Objection reply when rejected.
If your application still seems to be unclear, the registrar will reject the application. And mark the matter for hearing to date and time by notifying your agent.
Trademark Objection Reply
Documenting of a right and explicit answer is relevant advance to get brand name enlistment in India. In the event that, the complaints are not being offered an explanation as per the general inclination of the exchange mark office through the reaction submitted to them, the candidate can benefit a chance of hearing before the Trademark Registrar, where he/she can introduce entries orally. The meeting is for the most part led by the Assistant Registrar or Senior Examiners of Trade marks.
It is consistently fitting that candidate of the brand name employ a lawyer for drafting an answer as they are better knowledgeable about important brand name laws and case laws that are appropriate to document the answer productively.
In the event that, a candidate or his/her representative fulfills the protests of the Trademark Office by means of reaction or hearing, the inspector or on the other hand associate enlistment center, whoever has heard the matter, orders the distribution/ad of the Trademark in the Trademark Journal.
Documenting a Trademark objection reply is required if not you will loose the brand security.
Process Of Filing The Trademark Objection Reply
Step 1: Analyzing Objection
Step 2: Drafting Objection Response
Step 3: Hearing
Step 4: Publication in The Trademark Journal
Step 5: Registration
Documents Required for Trademark Objection Reply
Report of Examination
Notice of Trademark Hearing
Trademark Document proof
Consequences Of Not Giving Response To Objection.
If you fail to respond to the objection raised, within 30 days. You would be in a crucial stage, where the registrar shall abandon your trademark application making it unfit to be registered.
By the request of the applicant, an extension later after 30 days shall be given. This is given, only after filing form TM-M electronically by a trademark agent. The reason why an extension is sought must be clearly stated by the trademark agent. Despite the extension, if one fails to respond to the objection the application will be abandoned.
VSK & Co Got You Covered in Trademark Objection And Trademark Objection Reply by Trademark Consultants.
Don’t be in a fuss if your application has been objected for the reasons you are unclear with. As, reply to the objection done with legal help would clear all your worry. We at VSK & Co Advocates in Bangalore and Hyderabad got you covered. From application, Trademark Objection Replay / reply to objection raised, registration, keeping up to date about your trademark application, renewing your trademark, to the end process of it including trademark prosecution. You are always welcome and we are here to assist you through our responsible and attentive team, giving you hassle free solutions. For any queries and help.