How to respond to trademark objections?
A trademark is a symbol, word, phrase, design, or combination of these elements that identifies and distinguishes the source of goods or services of one party from those of others. It serves as a means of establishing brand identity and protecting a company’s reputation and goodwill.
Trademark act provides for trademark objections under sections 9 and 11 of the Trademark act,1999. In this blog, you will get a complete guide about how to respond to trademark objections.
| Table of Content 1. What is a trademark objection? 2. How to respond to a trademark objection? 3. Conclusion 4. FAQ |
What is a Trademark objection?
A trademark objection is a legal notice or objection raised by the trademark examiner or any interested third party against a trademark application filed with the trademark office. Trademark act,1999 provides grounds for objections under the act. The trademark objection usually occurs when the trademark officer finds that the trademark application does not meet the requirements for registration or when the trademark is identical or similar to an existing trademark or when the trademark is descriptive or generic in nature.
How to respond to a trademark objection?
Reply to a trademark objection involves filing a written response to the trademark office within one month from the date of receipt of the objection notice. The response should address the issues raised in the objection notice and provide evidence to support the trademark application. Here are the steps to respond to a trademark objection in India:
- Review the trademark objection notice: Read the trademark objection notice carefully and understand the grounds on which the objection has been raised. Identify the areas of concern and gather evidence to support your case.
- Prepare a response: Draft a comprehensive response to the objection notice, addressing all the issues raised by the examiner. Explain the distinctiveness and uniqueness of your trademark, and provide evidence to support your claims. You can also amend the trademark application if necessary.
- File the response: Submit the response to the trademark office within one month from the date of receipt of the objection notice. You can file the response online or in person at the trademark office.
- Attend the hearing: If the trademark office is not satisfied with your response, you may be required to attend a hearing to present your case in person. Be prepared to provide additional evidence and arguments to support your trademark application.
- Appeal the decision: If your trademark application is rejected, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within three months from the date of the decision.
Conclusion
Responding to a trademark objection is an important process that requires careful consideration and attention to detail. It is crucial to understand the grounds on which the objection has been raised and provide evidence to support your trademark application. Seeking professional help from a trademark attorney can also be beneficial in preparing a comprehensive response and increasing the chances of successful registration of your trademark.
Frequently Asked Questions
Q: What is a trademark objection?
A: A trademark objection is a legal notice or objection raised by the trademark examiner or any interested third party against a trademark application filed with the trademark office.
Q: How to respond to a trademark objection?
A: Responding to a trademark objection involves filing a written response to the trademark office within one month from the date of receipt of the objection notice. The response should address the issues raised in the objection notice and provide evidence to support the trademark application. It is recommended to seek professional help from a trademark attorney.
Q: What if my trademark application is rejected?
A: If your trademark application is rejected, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within three months from the date of the decision.