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.In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection’s date of issuance.

There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc.Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.Trademark registration creates an identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a Trademark is very important if one wants to maintain its distinct identity. But there are some cases when someone would stop you from claiming your right. Hence, we need to understand the concept of Trademark objection.

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FREQUENTLY ASKED QUESTIONS (FAQS)

What is meant by trademark objection?

The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.

How much time does it take to reply over a trademark objection?

The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.

Is there any difference between trademark opposition and trademark objection?

The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.

When does a trademark get objection?

A trademark is objected due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.

What are the various grounds available for objection?

Trademark objection can be raised on two grounds absolute and relative grounds.

What happens when the trademark reply fails to satisfy the trademark office?

In case the reply doesn’t match the criteria the trademark application gets rejected.

What to do if a trademark registration is rejected?

The intellectual property appellate board can be approached in case of rejection.

Is there any government fee to file a reply for the trademark examination report?

No there is no Government fee to file for a reply.

Does the applicant need to be physically present during the procedure?

No, the applicant doesn’t need to be physically present. IndiaFilings can help you draft a reply for the trademark objection.