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When an application for trademark registration or registration of brand name, logo or laugh line is filed with property Department of the state of India, the department issues its views on we might get a trademark or not as trademark objection. Trademark objection is raised under section 9 or 10 or section 11 of the trademark act. After receiving trademark objection notice, we’ve to file its reply within the prescribed deadline. Upon failure to file a reply within the prescribed deadline, the appliance might be abandoned.
If department raises any objection on trademark application, the appliance is then published in trademark journal. When Trademark Journal is published, any party or a person or company, using same trademark that of ours or almost like ours, could raise opposition and will file opposition application. When Trademark opposition is file by opponent, trademark applicant has got to file counter statement within 2 months of your time.
If department is convinced with clarifications and counter statement filed by ours, it allows our trademark to be registered.
If there’s no trademark objection or trademark opposition or department approves application to be registered, the trademark is registered. Once trademark is registered, it’s valid for ten years.
Before expiry of validity of 10 years, we might need to file application for trademark renewal. After renewal, trademark get renewed for next 10 years.
Trademark application are often rectified before it’s registered, when it’s registered, trademark can’t be rectified but are often amended. Trademark Rectification is allowed only substance of trademark application by such rectification isn’t changed.
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