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Trademark Objection

If it breaches any trademark rules and laws, the Trademark Registrar raises objections to the desired trademark during the trademark registration procedure.

A trademark is a symbol, logo, phrase, or combination that expresses a company's identity. It could be for various reasons, including similarity to an existing brand, offensiveness to a specific religion, lack of a distinct design, and so on. The Trademark Registrar frequently raises objections to the planned trademark if it violates trademark registration regulations and laws during the trademark registration procedure. A thorough reply to a trademark objection must be filed within one month of the date of the objection's issuance.

There are primarily two reasons for trademark objection

1. It contains information that is missing or incorrect.

2. There are existing similar trademarks.

Now let us start with the Trademark Objection that was made owing to inaccuracies in the application.

A trademark application must be flawless, free of errors and incorrect information. Any erroneous information, along with an incorrect applicant's name or significant business location, will almost certainly be objected to.

1. Incorrect information on the trademark form

If the applicant's name, an important place of business, or any other information in the trademark application is fake, it will undoubtedly result in a trademark objection.

2. Incorrectly filed a trademark application

If the trademark application is filed in an improper format, the examiner may object. Form TM-48 must be filed and attached to your trademark application if a trademark attorney or agency files your trademark application.

Step-by-Step Guide to Respond to a Trademark Objection

Examining the Trademark Objection

The first step is to thoroughly analyse and research the objection since any uncertainty in understanding can result in an improper Trademark Objection Response being filed.

Preparing a Reply to a Trademark Objection

• The critical step is to create a trademark response that includes the following information

• A proper response to the concern raised, including supporting the rule of law, precedents, and judgments.

• The distinctions between both the conflicting mark and the applicant's mark.

• Other supporting documentation and proof that the response is correct.

An affidavit, followed by documentary proof, shows the applicant's use of the trademark on its website other social networking platforms, as well as ads in the media publicity materials and the availability of trademarked products on e-commerce sites.

Hearing on a Trademark

The application will be submitted further for registration and publication in the Trademark Journal if the response is granted. If it is not approved or the Trademark Examiner requests additional clarifications, a trademark hearing will be held, and the public will be notified.

Trademark Journal Publication

If the hearing results in a good decision, the mark will be accepted and published in the Trademark Journal.

Registration

Your trademark will be open to review for four months after it is published in the Trademark Journal. The mark will be registered, and the Registration Certification will be granted if no third-party oppositions are filed within that time range. If an objection is submitted, the opposition process will follow the rules set forth by the legislation.

Documentation

• Affidavit of authorization

• Report on the examination

• Notice of a trademark hearing

Documentary evidence of a trademark in use in commerce

• On the scheduled date, the officially appointed applicant or attorney must appear before the authorities.

Plans

Rs. 2499 All inclusive price

Starter

  • Drafting And Filing Related To TM Objection
  • Only For Trademark Applications Filed By TaxDraw
Rs. 3999 All inclusive price

Plus

  • Drafting And Filing Related To TM Objection
  • For Trademark Applications Not Filed By TaxDraw
  • Fresh Form-48 Filing
Rs. 4999 All inclusive price

Pro

  • Drafting And Filing Related To TM Objection
  • For Trademark Applications Not Filed By TaxDraw
  • Trademark Hearing

FAQ's

The response must be provided within 30 days of the examination report's release date.

Affidavits detailing the use of the trademark are required to be presented.

In about 3-5 months, a trademark will be registered.

You can get your trademark objected by filling the documents or beneath the fulfilment of eligibility written by the statue and rules.

You can answer to the trademark objection within the specified time frame given by them.