Trademark Objection


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What is a Trademark Objection?

The trademark applications for registration made are often rejected by the authority on various grounds if they pity such reasons. this might be for the rationale that the word or logo is just too alike to a prevailing trademark/symbol/logo and if they register an equivalent it could offend or likely to cause confusion with an existing trademark.

Who is permitted To Issues Trademark Objection Report?

The Trademark inspectors employed or appointed by Government at Trademark registry issues the examination report.

What Are the overall Objections Raised In Trademark Objection Report?

The most common objections raised in the examination report are those likely supported the descriptive nature of the trademark or with reference to likeness or alike or similarity of the applied trademark with other marks previously existing on the Trademark registry record.

What Is The Deadline To File Reply For Trademark Examination Report?

The period limit to file Trademark objection reply is validly 1 month from the date of publishing/issuance of the response from the authority.

Who Can File A Reply?

The reply could also be immediately filed by an applicant, but it’s always desirable to travel for professional’s who have better supporting it with relevant case laws.

Any Form To Be Filed alongside Fees?

In case there exist an objection in the trademark report which needs an amendment to the trademark application to be filed. All we’d like to file that amendment by way of filing a form in TM-16 with prescribing fees.

Reasons To Response On Such A Trademark Objection

  1. Probable Clearance
    If you reply to the objection with clear proof as regards to the individuality of your trademark, the prospect of clearance of your application is high. It also supports your application with a legitimate reason then there is no reason for your application to be rejected or get canceled on the objection made. The clarification so sought by the registrar should be done as early as possible.
  2. Brand Protection
    Till the time of the objection, the usage of the ┢ symbol is allowed and clients use it for a couple of months. The consumers would become familiarized with the name. In spite of objection reply, filing a replacement application would make no sense. Instead, simply recognize the varied reasons for your logo, slogan or name to vary from the one already registered and obtain it cleared.
  3. Process For Trademark Objection From Companies End
    The average time taken to draft and file a trademark objection reply is about 5 — 10 working days, subject to a government time interval and client document submission. If the Registrar doesn’t accept the preliminary response, an interview is scheduled for arguments on why registration for the applied trademark to be allowed which can create confusion among the general public at large. Here, Client is to defend need itself with a legitimate and powerful proof after which If the govt is satisfied with the response, the objection is going to be lifted within 18 months.

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