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Trademark Objection
If your trademark is objected, it doesn’t mean it has been rejected. Your response to the trademark objection can enhance the likelihood of successfully registering the trademark.
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Understanding Trademark Objection
Dealing with trademark objections requires careful handling and represents a pivotal phase in the trademark registration process. The trademark registration procedure inherently involves encountering objections from trademark examiners based on various grounds discovered during examination. It demands meticulous attention and a compelling response to address the raised concerns; failure to do so may result in the rejection of the trademark application. It is imperative that the trademark stands out distinctly from any existing third-party marks, ensuring uniqueness in every aspect.
Trademark constitutes one of the rights conferred to safeguard intellectual property in India. The Trademark Act of 1999 encompasses provisions for the protection, registration, and resolution of objections pertaining to trademarks under the purview of governmental authorities.
Trademark constitutes one of the rights conferred to safeguard intellectual property in India. The Trademark Act of 1999 encompasses provisions for the protection, registration, and resolution of objections pertaining to trademarks under the purview of governmental authorities.
Trademark Registration Undergoes the Following Steps
- Trademark verification/search
- Filing of application
- Formality inspection
- Publication in the journal
- Grant of registration
A trademark that has been officially registered enjoys protection against unauthorized usage by third parties, thereby shielding it from any potential infringement.
What to do When the Online Status of the Trademark Registration Application Says Objected?
- Get in touch with a trademark expert consultancy.
- Acquire the examination report and meticulously review its contents. Craft a comprehensive response addressing the report's findings, highlighting the reasons and justifications why the objections are deemed invalid.
- Respond appropriately to the raised objections within a period of 30 days from the date of receipt, failing which the application will be deemed abandoned. It is crucial to submit the reply within the stipulated time period and in an expedited manner.
- Compose your response with clarity and precision, ensuring it sufficiently establishes the uniqueness of the mark, thereby qualifying it for trademark registration.
What to do After Filing Trademark Objection?
- Upon the submission of a response to the objection raised in the examination report, the Registrar will either approve the trademark or proceed to arrange a hearing session to address the matter further.
- If a hearing date is scheduled, engage the services of a trademark consultant or attorney who will advocate on your behalf and present your case convincingly before the relevant authority.
- Contact Herity we have an experienced group of people who are expert in handling trademark objection.
FAQ's on Trademark Objection
Trademark is the brand name or logo registered
under intellectual property rights, and such a registered trademark distinguishes
the
products of an entity from that of its competitor. For instance, Cello has its
registered trademarks that distinguish the renowned brand from some low quality or
non-branded goods.
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.
First thing one should do is approach the party who is objecting and resolves the conflict. But if this doesn’t work take legal action.
Yes, it is always suggested to get advice before responding to the objection. Your respond should be well drafted and it should not contain any ambiguity.
The three main rights given under the above mentioned act are protection, objection and registration.
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