Trademark OBJECTION

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Trademark

Trademark is an identity of your brand. It distinguishes your brand from the rest of your competitors. Having a unique Trademark is as crucial as providing quality services. The brand’s name can be safeguarded against duplication prospects by registering your brand name or logo as Trademark. This registration prevents others from copying your identity.

There is a standard set of procedures that you need to follow in order to register you brand as trademark. The initial step is to file the trademark application. Once you file the application, the Registrar can raise objection by way of issue of Examination Report to your application on many grounds. This is called Trademark Objection. Although there are many factors that can result in Trademark Objection, the objection is seen to be raised by the Registrar chiefly on two grounds:

1. The trademark for which you applied is similar to an already existing trademark.

2.The trademark application that you submitted furnishes wrong or incomplete information.

Other Reasons for Objection:

  • A mark that’s deceptive
  • Lack of distinctiveness
  • False specification of goods or services
  • Offensive words/ images/ symbols in the proposed Trademark
  • Obscene words/ images/ symbols in the proposed Trademark

Trademark Objection Reply

Trademark Objection is not the end of your logo/Brand/Image registration endeavours. You can always reply to an objection and furnish your defence. Response can be made to an objection made, with in a stipulated time. Analyse the grounds on which the objection was raised, see if it can be rectified, and then you can reply to the Trademark Objection. 

How to respond to Trademark Objection

Understand the specifics of the objection and systematically answer to the objections being raised

If you have a valid claim to negate the objection, attach the supporting case laws to support your reply. Also, attach documents that might evidence the uniqueness of your trademark

Third parties can raise opposition when the mark is published in the Trademark Journal. If the mark is used before registration, opposition can be raised by third parties or the public. In this case as well, the applicant will be served a notice of opposition specifying the grounds for opposition. To this, the applicant can file a counter statement within 2 months from the date of receiving the notice. Once the applicant files the counter statement, the Registrar will summon both the parties for hearing. If the Registrar’s ruling favours the applicant, trademark registration can be continued, but if the ruling is in favour of the opposing party, trademark registration will be rejected. In case of the applicant failing to file the counter statement, the status of the application will be changed as ‘Abandoned’. 

The applicant always has the right to go for appeal. It is with the Intellectual Property Appellate Board (IPAB) that the appeal needs to be filed. An appeal to the IPAB must be filed within three months of the date of issuance of the refusal order by the registrar.

 

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