Procedure for trademark objection reply
Registering a trademark can be a crucial step for any business to secure its brand identity and protect its goodwill. However, the process is not always straightforward, and trademark objections can be a roadblock to successful registration. In this blog, we’ll provide you with an overview of how to respond to a trademark objection.
Table of Content
- What is trademark objection – an overview
- Documents required to file trademark objection reply
- Trademark objection process
- How to reply to trademark objection
- Why PU
What is Trademark Objection- an Overview
A trademark objection is a notice issued by the Trademark Registrar citing various grounds for the objection against the registration of a trademark application. These grounds can range from the similarity with existing trademarks to lack of distinctiveness, among others. The trademark objection serves as a roadblock to the registration process, and the applicant is required to respond to the objections raised by the Registrar within a specified time frame.
Documents required to file trademark objection reply
To file a trademark objection reply, the applicant is required to submit the following documents:
- Power of Attorney: This is a document that authorizes an attorney to represent you in the trademark objection proceedings.
- Trademark Application: A copy of the trademark application for which the objection has been raised.
- Response to the Objection: A written response addressing each of the objections raised by the trademark office. This should be a detailed and well-argued response that demonstrates why the objections are unfounded or can be overcome.
- Evidence: Evidence that supports your response to the objections raised. This could include evidence of prior use, market research, or any other relevant information that shows why your trademark should be approved.
- Supporting Documents: Any other supporting documents that may be relevant to the trademark objection proceedings, such as a copy of your business registration or proof of ownership of the trademark.
Trademark Objection Process
The trademark objection process follows these basic steps:
- Filing the Trademark Application: The first step is to file a trademark application with the relevant trademark office. This application will include information about the trademark, such as its design, wording, and the goods or services it will be used to identify.
- Examination by the Trademark Office: Once the trademark application is filed, it will be examined by the trademark office to determine if it meets the requirements for registration. This examination will typically involve a review of the application for any potential conflicts with existing trademarks and an assessment of the distinctiveness of the proposed trademark.
- Issuance of Trademark Objection: If the trademark office finds any issues with the application, such as a conflict with an existing trademark or a lack of distinctiveness, it will issue an objection in trademark. The trademark objection will outline the specific concerns and provide a response deadline.
- Preparation of Trademark Objection Reply: If a trademark objection is issued, the trademark applicant will need to prepare a trademark objection reply. This reply will address each of the objections raised by the trademark office and may include supporting evidence or arguments to overcome the objections.
- Examination of Trademark Objection Reply: Once the trademark objection reply is filed, the trademark office will review it and determine whether it successfully overcomes the objections. If the trademark office is satisfied with the reply, the trademark will proceed to registration. If not, the trademark applicant may need to file additional responses or take other steps to address the objections.
How to reply to trademark objections?
It is mandatory to file a trademark objection reply within the given time frame after receiving a trademark objection notice. Failing to respond within the specified time frame can result in the trademark application being abandoned or refused. Professional utilities can tackle the Trademark objection process easily without any hassles.
- On receipt of examination receipt from examiner, the applicant should file a counter statement or reply to objection of trademark within a span of 2 months from receiving notice
- You should file the necessary documents and proofs along with the counter statement
- The examiner will file for a hearing after receiving the Trademark objection reply
- After considering the counter statement and furnished documents, if the examiner rules in favor of the third party then the aggrieved party can file an appeal to Intellectual Property Appellate Board (IPAB)
- The appeal has to be filed within 3 months from the date of passing the order and in case of delay, the applicant is required to pay a fine ₹2500.
- If the reason is acceptable the IPAB will fix the date for the hearing
- The filing process must be carried out in accordance with the IPAB’s rules and regulations, all the documentation has to be verified, all the application has to be endorsed by the deputy registrar
- Based on the provided documentation the IPAB will decide the case.
In conclusion, responding to a trademark objection requires a detailed understanding of the objection process, the grounds for objection, and the relevant legal requirements. It is important to prepare a well-argued and detailed response that addresses each of the objections raised by the trademark office, supported by relevant evidence and documents. Seeking the help of professional utilities can make the process smoother and ensure a higher chance of success. By following the correct procedure and submitting a strong objection reply, businesses can secure their brand identity and protect their goodwill.