Trademark Objection
For Objection Reply Drafting & Filing- TM acknowledgement
- Free Assistance
- Relative Ground
- Attorney Drafting
What is Trademark Objection
Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
What You Will Get
Draft Replay
A copy of the draft reply to the trademark objection
Documents Required for Objection Filing
Trademark Acknowledgement
A copy of the trademark receipt, including details of the registered trademark
Power of Attorney
Executed on a non-judicial stamp paper authorising our attorney to act on your behalf.
How long does it take?
3 days
DAY 1
Checking Objection Status
1 Working Hour
In case you filed your trademark application with us, we will be able to monitor your application status and alert you of any objections raised. You can also check the status of your Trademark application on the official IPIndia portal. If a suitable reply is not filed for the trademark objection, the trademark will be abandoned.
DAY 2
Drafting of Replay
1-2 Working Day
Our attorney will draft a Reply to the objection raised against your Trademark application. In the reply, every objection raised in the examination report will be addressed and replied to. Our attorney will also draft the necessary affidavits (if required / applicable).
DAY 2
Reply Filing
1 Working Day
Our trademark attorney will file a reply to the objection along with the required documents (such as TM-A and MIS-4) with the Trademark Registry. For this, we will require a written authorisation letter so that our attorney can file the reply on your behalf.
DAY 3
Filing Completed
Frequently Asked Questions
My Trademark application status shows ‘objected’. What does it mean?
If the status of the trademark application is marked as ‘objected’ it means that your application is objected, and that the Trademark Examiner has raised a query on the validity/requirements of the trademark under the Trademarks Act. The objection will be detailed in the examination report, to which a reply is to be filed.
What is the difference between Objection and Opposition?
The main difference between Trademark Objection and Opposition is that Objection is raised at a preliminary stage of the trademark registration process. Such a registration is raised by the trademarks examiner. A trademark opposition is raised by any person who has an issue with your Trademark after it has been advertised in the Trademarks Journal
What is Trademark Examination?
Trademark Examination is conducted by the trademark examiner. It is a thorough preliminary check of Trademark Application (filed in TM-A Form). An objection can be raised by the examiner during the examination process. The examination report will cite all the conflicting marks/similar mark/grounds for refusal
Who is an Examiner?
A trademark examiner includes any officer in the Trademark Registry who has been given the duty of checking and examining trademark application to check if it complies with standards and guidelines of the Trademarks Act. The Trademarks and geographical indications registry recruitment rules govern the roles and duties of the trademarks registrars and examiners.
What is the procedure to check for trademark objection?
- Go to the official site of IPIndia
- Click on the Trademarks Tab
- Click on Trademark status
- Mention Trademark application number
- You can view the complete information about the trademark, along with the status of the trademark application
- If the application is marked as ‘objected’ it means that the examiner has raised a query or objection.
What should I do if my trademark application is objected?
- Click on Examination report link and download the same
- Check the date on examination report and calculate the last date to file the reply to the trademark objections raised in the examination report.
How does the examiner examine the application?
The examiner carries a thorough scrutiny to check for clerical errors and legal errors disallowed under the Trademarks Act, 1999. The examiner will check:
- If the legal requirements under the Act and Rules are met
- Grounds on which the Trademark was objected (if any) and if the same has been rectified
- If any limitations, conditions, or restrictions are to be applied to the application after being accepted.
Is there any Government fee to file the examination reply?
There is no government fee for filing the reply to the examination report.
What are The Common Grounds for Trademark Application Rejection?
A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.
What is the Validity Period of a Trademark?
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
Where to Check the Availability of the Desired Trademark?
You can search the online trademark database to check the availability of the desired trademark. ipindia are the most commonly used platform for free trademark search.
Who Can Apply for a Trademark?
Who can obtain a trademark is depend on the applicant type:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only.
Is a Trademark Registered in India Valid in Foreign Countries?
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.
Can Amendment be Made in the Registered Trademark?
As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.
Does One have to Present Physically to Register a Trademark?
No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.
What is the Need for Brand Name Registration?
There are numerous advantages to registering the brand name:
- A registered trademark provides greater protection
- It deters others from using your trademark
- Registering a trademark provides the trademark owner with greater remedies
- Protecting your brand from infringement claims
Location
Office No. T-4, S-521/522, 3rd Floor Moon House Building, Laxmi Nagar, Delhi, 110092
Contact Us
+91-7050056056
support@licitwink.in