What is Trademark Objection?
A trademark is a unique symbol or expression that sets apart a product or service from others in the market. It can take many forms such as a word, slogan, logo, photograph, graphic, colour combination, sound or scent.
However, trademark offices may have objections to certain trademark applications for valid reasons, such as similarity to existing trademarks or offending religious or cultural sentiments. If a trademark objection is received from another party, the applicant is required to respond within 30 days of receiving a legal objection letter from the Trademark department. Failure to respond may result in the Registrar abandoning the application.
Rietway Consultants Trademark Objection Package
The Services which are included in our package are as Follows:
✅ Consultation
✅ Objection Drafting
✅Objection Filing
✅Paying Government Fees
Trademark Objection Filing Procedure
Step -1 Arrange all Required Documents: The first step is to arrange all the documents and send the same over the email / WhatsApp to us. Once all the Documents are Received, we will Start the Further Process.
Step – 2: Preparation of Documents: The Next Step is Preparation of Documents to be Submitted at Department.
Step – 3: Filling of Objection: The next Step is Filling of Objection Reply.
Why Need to Reply to Trademark Objection?
It’s crucial to be ready in case you face a trademark objection from the department. You must have sufficient evidence that shows that your trademark doesn’t have any resemblance to another person’s existing logo or word.
Having a trademark gives your brand a distinct identity as it represents your company, enabling it to stand out from others.
It will provide your brand a special protection.
Reasons for Trademark Objections
Upon receipt of the application, the trademark examiner scrutinizes the application for its correctness. Objections can be received for the following reasons:
Incorrect Form
Filing incorrect form during trademark registration may result in an objection from the examiner.
Incorrect Applicant Name
Applicant’s name must match their PAN details to avoid any objection from the examiner..
Usage Of Deceptive Words
Usage of deceptive or offensive terms or any misleading term describing the product can lead to rejection of the trademark.
Offensive Terms
Trademark shall not use any offensive term which can lead to the rejection of the trademark Insufficient Information On Goods Or Services.
When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.
Identical Logo Already Registered
If the proposed trademark is similar or identical with the already registered logo, the examiner shall raise the objection stating the reason it can create confusion.
FAQ on Trademark Objection
Q1. How to Know when there is an Objection Received?
An applicant can keep track of status online through the official website of intellectual property through which a trademark registration application was filed. Status can be tracked at http://www.ipindia.nic.in/ using a reference number generated at the time of applying for a trademark.
Q2. What is the Time Limit to File Reply to Objection?
A reply to the objection has to be filed before the registrar within one month from the date of receipt of the examination report.
Q3. Can a Reply to objection be Filed after the Prescribed Time Limit?
When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.