Trademark is basically one of a kind of an intellectual property consisting of designs, logos and marks. Companies use various designs, logos or words to distinguish their products and services from others. Those marks which help in distinguishing the product or services from others and help the customers in identifying their brand, quality and even origin of the product is known as Trademark.
Unlike patents, a trademark is registered for 10 years and thereafter it can be renewed for another 10 years after further payment of renewal fees.
To build a brand requires a lot of hard work and investments. Trademark act 1999, established to protect your hard work by distinguishing it from others. Not only companies but it also protects customers.
Trademark registration can be done simply by submitting the application online. Once the application gets submitted and approved by the authority, the entity can start using the symbol ™ to protect its brand. Usually, the process can take up to 15-18 months.
After the registration of the trademark, an Examiner/Registrar or third party can put an objection against the trademark. According to Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act, these two can be the ground of an objection:-
Application contains wrong information, or
Similar or identical trademarks exist.
Whenever a Trademark registrar raises an objection, an applicant has an opportunity to send a written reply along with the supportive evidence, facts and reasons why the mark should be allotted to him within 30 days of the objection.
If the examiner/registrar finds the reply to be sufficient and addresses all of his concerns in the examination report and there is no conflict, then he may grant a permission to the applicant to publish the application in the Trademark journal before registration.
Trademark Objection Reply
Reasons for Trademark Objection
Incorrect name of the applicant.
Failed to file form TM-48.
Filing incorrect form.
Filing under wrong trademark class.
Mismatch of the affidavit
How to respond to an Objection?
A Trademark examination report is put up on the Trademark office website along with the details of the trademark application and an applicant or an agent has the opportunity to send a written reply.
The reply can be submitted as “Reply to the examination report” either online or it can be submitted through a post or person along with supporting documents or an affidavit.
Once the application gets filed an applicant should be given a notice about the objection and ground of the objection. Various grounds are:-
There should be a counter statement of the application,
It should be filed within 2 months of the application,
If the examiner fails to file an objection within the time, then the status of the application will be abandoned.
After filing the counter of an objection, the registrar will call an applicant for the hearing. If it rules in the favour then the applicant will get it registered and if the reply is not satisfactory then the application for the registration will get rejected.
Why is the Trademark Objection reply necessary?
1- To prevent from abandonment To move forward in the registration process, it is mandatory to file a reply. Failure in filing can lead to the abandonment of the application.
2- Establish your mark’s distinctiveness By replying to the objection applicant has an opportunity to explain its mark’s distinctive features and why he is entitled to get his trademark registered.
Documents Required for Trademark Objection
Supporting Proof of Logo Ownership
Why choose us?
By the time you will receive the application, you might have started using the trademark already which will start bringing visibility to your business. So it will not be easy for you to create a new brand name once you will start earning the value for your business.
But with us you do not have to worry at all. We will take care of the application.
We work with full integrity which helps to create satisfaction among our customers. We have achieved 100% customer satisfaction.
Choosing right words has always been an important factor even though in our personal lives. Just replying to the objection might not be that effective which can also lead to the abandonment of the application, which of course will not be acceptable. Our team of experts will help you to file an objection reply professionally.
Not only words but also time matters a lot. One must reply to the objection within the prescribed form which is 30 days. Although you can also reply afterwards, it can reduce the chances of furthering your trademark. We will help you in filing your application on time and keep the track of your application and will help you in getting through it.
While working with us you never have to check your pockets. We offer you great services at an affordable price and promise you to deliver the services on time.
What is Trademark?
A trademark is a kind of intellectual property which consists of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
What is meant by trademark 'objected'?
During the process of registration the examiner should satisfy with the trademark which means the mark should be compelled with all criteria and rules for registration, in case the examiner feels unsatisfied with the trademark he may object the it. He will intimate to the applicant and the applicant need to respond within thirty days and such reply need to satisfy the examiner, on failing to reply the application will be abandoned and failing to satisfy the examiner may reject the application. Hence, reply should be crafted by an expert of trademark and Legal.
Where to get the examination report of trademark objection?
You can get the examination report of the trademark objection on the website of IPI India.
How much times does it take for trademark objection reply?
TM expert drafts and files a reply within the 3 working days of objection received subject to the availability of the documents
What if I missed my Trademark examination reply deadline?
As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report
What is meant by trademark 'opposed'?
In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.
What is difference between trademarks objected and trademark opposed?
The Trademark objected will be done by the examiner by questioning on the essential criteria for the registration and the opposed will be done by the third party on the credibility of the trademark.
When a trademark gets objected?
The reason for the objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandated by the statue and rules.
What are the grounds available for objection?
The objection can be made with respect to the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.
What will happen if the response fails to satisfy the trademark office?
The response should satisfy the officer on failing to do so, the application will be rejected.
What can be done further if the application is rejected?
On rejection can approach the Intellectual property appellate board.
Is there any Government fee to file the examination reply?
No there isn’t any government fee to file the examination reply.
Do I need to physically present for the process?
No, you don’t need to be physically present for the process, OnlineLegalIndia is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India
Can I use the TM sign for my Trademark or Logo even if the Trademark Objection Examination Report is issued?
Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.
What is the Trademark examination reply deadline?
The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn’t file the reply within time, your trademark use rights shall be revoked.
How may I know that the reply has been received by the Registry?
After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.
What we have to do after the application is published in the journal?
The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.