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Trademark Objection
A trademark application should be filed carefully to ensure smooth flow of process. After an application has been filed, it will be examined by an examiner deputed by the trademark registry. The examiner will verify that the contents of the application are in proper form and manner. If everything is in order, he will accept the application and process will move to the next step.
However, if the examiner founds any contradiction with the provisions of the Trade Marks Act, 1999, he will raise an objection. The examination report issued by the examiner mentions the ground of objection. An objection shall not be considered as refusal and a proper reply should be filed. A period of 30 days from the date of examination report is provided to submit the reply.
The trademark registry can raise objection on various ground mentioned in Section 9 and Section 11 of the Trade Marks Act, 1999. The most common grounds on which the objections are generally raised are mentioned below:
Common Reasons for Trademark objection
The trademark registry can raise objection on various ground mentioned in Section 9 and Section 11 of the Trade Marks Act, 1999. The most common grounds on which the objections are generally raised are mentioned below:
- Trademark is Similar to one or more existing trademarks – The trademarks that have already been applied will be treated as existing trademarks whether registered or not. However, abandoned and refused trademarks can be ignored in this criterion.
- Non-Distinctive – The trademark is generic in nature and lacks the capability of distinctiveness.
- Trademark is Descriptive in nature – The trademark which describes the shape, quality, use etc. of a product is considered descriptive and such marks do not qualify for registration.
- Use of prohibited or offensive terms – A trademark that is offensive in nature and can hurt the sentiments of people is not allowed. In addition, there are certain other guidelines mentioned in the Trade Marks Act.
- Incorrect specification of goods or services – If the goods or services mentioned in the trademark application comes under another class, objection will be raised.
- Non-compliance with statutory formalities – A trademark application shall be supported by necessary documents. If any deficiency is found, the objection will be raised to rectify the mistake.
Reply To Trademark Objection
Receiving an objection notice can seem daunting, but with the right legal strategy, it can be effectively addressed, allowing your trademark registration process to proceed. Our experienced trademark attorneys provide comprehensive support in drafting and filing powerful replies to objections, ensuring the best possible outcome for your application. The process of reply filing undergoes as follows:
- Detailed analysis of the examination report
- Consultation to understand your brand’s background and usage
- Drafting a customized and robust reply with relevant legal precedents
- Filing the reply with the Trademark Registry
- Continuous follow-up with the authorities
- Assistance in hearings, if required
Why Choose Exemplar IP Attorneys?
- Expert Trademark Attorneys: We have a team of skilled professionals with in-depth experience in handling objections across industries.
- Tailored Strategies: Every brand is unique, and so is our approach to defending it. The reply will be prepared in manner which enhances the chance of removal of objection.
- Timely Response: We ensure that replies are filed within the statutory deadlines which is 30 days from the issue of examination report.
- Transparent Pricing: We have no hidden costs and our fee structure is very clear and affordable.
- Worldwide Service: We provide service to clients not only from India but also from various other countries such as USA, Canada, Mexico, Japan etc.
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Quality IPR Consultancy @ Exemplar IP Attorneys
We are a specialized intellectual property law firm dedicated to protecting and enforcing your creative and brand assets. With a strong focus on trademarks and copyrights, we provide end-to-end legal solutions, ranging from registration and portfolio management to litigation and enforcement. We are there to help individuals and businesses safeguard their identity and innovation.
