Trademark Objection

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Trademark Objection

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File a Perfect Reply to Trademark Objection

Once the trademark application is filed, it has to face the stringent scrutiny of the examiner. The submitted trademark registration application can be rejected by the trademark examiner. The rejection is called trademark objection. It basically means that the examiner has gone through the application and has disapproved the application.

The instances of trademark objection in India are too many and too common. Every year, there are thousands of applications filed by trademark aspirants. And every year, over 60 percent of these applications face objections. Therefore, you should take absolute care when it comes to filing the application for registration. Because regardless of how much you worked hard drafting the application, the objection to trademark doesn’t take much time.

All it takes for the trademark objection process to complete is the creation of a trademark examination report. The report dictates whether the trademark is allowed or is rejected.

There are two grounds under which the trademarks are objected. They are:

  1. Absolute Grounds:
    1. The trademark does not possess any distinctive character.
    2. The trademark tells the quality of the product it represents.
    3. The trademark is offensive to specific communities due to deliberate or mistaken intention.  
  2. Relative Grounds:
    1. The trademark can cause confusion among public

However, trademark objections are not always fair. Therefore, there is trademark objection reply. A rely to the TM objection has to be specifically filed in a customized fashion. Basically, through the reply, you are going to counter each statement made in the objection with a rebuttal. It has to be reasonable enough to counter the objection. If the reply is accepted, the trademark is published. If not, there is the matter of hearing.

Trademark application objection therefore, needs a good reply or else, all your efforts to register your trademark shall be in vain. R

However, there is no need for you to worry! Abgps Advisory  is a team of experts that consist of trademark advocates, trademark agents and industries most talented IPR experts. They create the perfect reply to counter the trademark objection. Additionally, the trademark objection reply fees are also low, so you also have the benefit of affordable reply.

If you want to ensure that your trademark reaches the trademark journal, we are the experts that you should trust.

Required Documents for Trademark Objection

In regard to the Trademark Objection, following documents are needed:

  • Authorization Documents
  • Examination Report of Trademark
  • ID Proof
  • Address Proof

FAQ’s

How to choose a good trademark?

If it is a word it must be easy to speak, spell and remember. The finest trademarks are invented words or coined words or unique geometrical designs.

Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid using laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

What is trademark objection?

Trademark Objection means, the trademark registry has inspected or tested your trademark application and while checking, they got enough reasons to object the application and demand clarification on specific points. The registry uploads a copy of Examination Report on their official website (trademark application status) and gives a letter to the applicant asking for response against the raised objection.

In this case, the objection is upturned by the Trademark department on its own and there is no third party, company or competitor brand which has raised its objection. If there is third party objection, it would be known as Trademark Opposition.

How trademark examination is different from trademark objection?

There is no difference between these two terms.

Why it is necessary to file a response to trademark objection?

It is necessary to file a proper reply to trademark objection report within 30 days of issue of the report.If a legal reply is not submitted, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.

What happens after the submission of reply to examination report?

The reply to trademark objection can be submitted online and one can receive an acknowledgment of the reply. The PDF copy of Reply can be uploaded on Trademark Registry website under the application. The Status will still be reflected as Objected until the Registry checks the reply and receives the trademark or rejects it. Generally this process takes around six months to a year.

Which documents and details are required for filing response to trademark objection?

For filing trade mark objection, following documents & information are needed:

  • Trademark Application Number
  • Copy of TM-1
  • ID & Address Proof of the Applicant
  • Power of Attorney
  • Affidavit & Declaration for the amount of advertisement expenses on the Trade Mark

 

Step 1
Getting Information
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Step 2
Discussion with Trademark User
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Step 3
Drafting of Reply
4 to 5 Days
 
Step 4
Filing of Reply
6 to 7 Days

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