Reply To Trademark Objection

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Trademark Objection Reply

Any unique expression associated with a product or a service of a company or organization that differentiates itself from others is called a trademark. The unique expression can incorporate a word, slogan, photograph, logo, graphic, color combination, or, sound, etc.There can be times when because of some legitimate reasons, trademark offices can raise objections on any trademark application that does not fulfill their legal norms.

There can be many different reasons for the trademark objection. It is raised maybe due to the similarity between the logo or word with the already existing one. It can be raised because of some sentiments norms connected to some religion and many other such reasons.

An objection is a part of one of the beginning stages in the registration procedure. The objection can be raised by either the Examiner/Registrar or any third party. An Examiner/ Registrar can file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on fundamentally two spots

  1. If the application contains incomplete/wrong information; or
  2. If there is already an alike trademark(s) in existence.

A third party can raise the objection to the registration of a trademark in the position of public interest. There are two routes where a third party gets an opportunity to object to the registration of any trademark

  1. When the mark is published in the Trademark Journal or,
  2. When the applicant uses the mark prior to its registration. In this case, the status of the application has to be changed to Adv Before Acceptance.

After filing an objection, the status of the trademark application will get changed to "Opposed". While filing an opposition, the person who is opposing it has to include the grounds utilizing which he is opposing the registration of the trademark. The examiner will grant the applicant a due chance to justify his trademark application according to the process laid out under the Act.

Here is the list of deductions for which a trademark application can face objection -

  • Filing Of Incorrect Trademark Form
  • Incorrect Trademark Applicant Name
  • Usage Of Deceptive And Offensive Terms
  • Insufficient Information On Goods/Services
  • Existence Of An Identical Mark

If you get to receive any of the objections towards your trademark, then you are required to revert back within a month, which is within 30 days of the objection date. You will obtain a proper legal objection letter from the Trademark Department. If you do not take any further action and do not reply to trademark objection, then the Registrar will have the complete right to abandon your trademark application. There will be certain trademark objection reply fees, you will be charged for.

Here is the major brief to understand why you must reply to trademark objection with the proper trademark objection reply format

  • The trademark objection deals under the legal terms so you must always be well equipped before you obtain any trademark objection from the trademark department. You must secure relevant proofs that will help to confirm that your trademark does not have anything to do with the existing word or logo of another person, community, company, or organization.
  • A trademark represents your company and it presents your brand a sole identification that supports your business to stand out among others.
  • It will render your brand with special security and privileges.

Here's How It Works

Form
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Complete the provided form from our website.
Agent
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Contact us for a review of your form. Our authorities will get in touch with you and get your documents done from their side as well.
Certificate
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Generate and receive your Company Incorporation certificate.

Once, the objection is filed, an acknowledgment slip of the same will be sent to you.

Documents Required During Trademark Objection

  • Authorization letter
  • Affidavit of usage
  • Examination report
  • Trademark hearing notice
  • Documentary proof of Trademark in commercial use.
  • The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

Packages You Will Receive

  • Consultation
  • Objection Drafting
  • Precedents Search
  • Objection Filing
  • Same day Filing
  • Government Fees
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