Trademark Objection Reply

Trademark Objection Reply in India

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Intro

₹ 3,199/-

All-inclusive Price* for Trademarks filed by GK

  • Discussion on Objections raised by ™ Registry
  • Expert Consultation on Examination Report
  • Call, Chat(WA),& Email Support
  • Drafting & Filing of Response to the Report
  • Frequent Updates through your account
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Base

₹ 5,299/-

All-inclusive Price* for Trademarks filed by others

  • Discussion on Objections raised by ™ Registry
  • Expert Consultation on Examination Report
  • Call, Chat(WA),& Email Support
  • Drafting & Filing of Response to the Report
  • Frequent Updates through your account
Select Plan

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As per the following timeline, your selected plan will be processed

Day 1-2

We collect necessary information & document to file Trademark objection Reply

Day 3-4

We draft everything needed in the preparation of the application.

Day 4-5

We proceed to submit the Trademark objection reply online

Finally

We will keep you updated on the status.

Trademark Objection : An Overview on Trademark Objection

The Trademark Registry may object to registering a trademark application if the mark lacks distinctiveness and does not meet the criteria outlined in the act. Also, when there is already a similar trademark registration, it issues an examination report. The applicant must reply to the examination report within one month by responding to the objections raised in the report, or else it will be deemed abandoned. The trademark objection reply can be filed online, but care must be taken when responding to the objections raised by the registrar.
Objections to trademark registration are one of the initial steps in the process. When the trademark registrar objects to a trademark, it does not mean that it will straightaway deny your application; instead, the registrar will seek to determine whether there is a valid reason for the objection. The applicant is has to explain how the Trademark meets the criteria for valid registration. Based on the applicant’s response, the objection is considered, and if it can be waived off, the trademark application is accepted for registration. And gets published by the journal.

What is the need for Trademark Registration Online?

Avoid Abandonment

Sometimes, trademark examiners cannot recognize your Trademark's distinctiveness, which results in objections. It allows explaining with your reply why the mark is different and gain trademark protection.

Brand Protection

Registration of a trademark establishes the brand's identity and differentiates it from other products or services on the market. Trademark protection is very important if a company wants to retain its distinctive identity.

Utilize the opportunity

The registry will request replies from applicants on the mark for clarifications to be made. If they are satisfied, the chances of getting your mark registered are good.

Legitimate Claim

In response to the objection, you will have the opportunity to state your claim on the mark.

What are the Grounds of Trademark Objection

Descriptive Marks

A word (or words) describing nothing more than the ingredients, quality, characteristics, functions, features, purposes, or uses of something. A descriptive mark for ice cream might be COLD AND CREAMY. Marks like these are not generally protected as trademarks. Similarly, laudatory terms such as “the best” cannot be registered.

Incorrect trademark form

The examiner may object to a trademark application that has not been made on the proper form.

False or vague specification of goods

If the description of the goods or services turns out to be too vague or includes a wide variety of products and services

Existence of a similar trademark

If there are trademarks with similar or the same descriptions of goods or services owned by different trademark owners, there may be a basis for the objection.

List of Documents Required for Trademark Objection Reply

  • Documents from Registry
  • Examination report
  • Trademark hearing notice
  • Trademark Documents
  • Authorization letter /Power of Attorney to file the objection
  • Affidavit on the usage of the mark
  • Documentary proof of Trademark in commercial use.

Here Are Some Frequently Asked Questions

What should I do with the TM application whose status is "Objected"?
The examiner may object to the registration of your Trademark on several grounds. The response must be submitted to the Trade Mark Registry as soon as possible to overcome the objection.
Within 30 days of receiving the examination report, you must submit a response.
TM objection replies can be filed independently, but it’s always recommended to hire an experienced attorney.

Marks or symbols that deceive
Identical trademarks exist
Identification of goods or services by false means
A trademark containing an offensive word
A trademark application with incorrect information
Wrong form filed for the Trademark

The examiners object to registering a trademark by questioning the criteria for registration, whereas opposition by third parties is based on its legitimacy.